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Friday, September 05, 2008
Thomas A. Cromwell is Harper's nominee for Supreme Court appointment
Press Release: Prime Minister Stephen Harper and Justice Minister Rob Nicholson today announced the Honourable Justice Thomas A. Cromwell as the nominee to fill the vacancy on the Supreme Court of Canada left by the resignation of the Honourable Mr. Justice Michel Bastarache. Mr. Justice Cromwell currently sits on the Nova Scotia Court of Appeal.
“Thomas Cromwell’s candidacy was highly recommended by judges, lawyers and other Atlantic Canadians,” said Prime Minister Harper. “He is well qualified to serve on the country’s highest court.”
Today’s announcement suspends the work of the Supreme Court Selection Panel, which to date has failed to arrive at a short list of recommended candidates. Earlier this week, two scheduled days of consultations by the Supreme Court Selection Panel had to be cancelled because all three Opposition MPs failed to participate. Last month, the first meeting of the Selection Panel considered no substantive business because of Opposition objection to the panel’s composition.
Mr. Justice Cromwell is an eminently qualified jurist who was among the potential candidates that the Selection Panel was supposed to consider. In 1997 the government of former Prime Minister Jean Chrétien appointed him directly to the Nova Scotia Court of Appeal.
The Prime Minister said that an appointment will not be made until Mr. Justice Cromwell has the opportunity to answer questions from an ad hoc all-party committee of the House of Commons. This would be only the second time in Canadian history that a Supreme Court nominee faced questions from Members of Parliament.
“I am looking forward to watching the ad hoc committee’s work and listening to Mr. Cromwell’s answers,” said the Prime Minister.
The authority to make Supreme Court appointments is constitutionally vested in the Governor in Council. The participation of an ad hoc parliamentary committee is intended to enhance the transparency of the appointments process and to promote public understanding of the individual nominee and the role of the Court.
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Posted by Matthew Johnston on September 5, 2008 in Canadian Politics | Permalink
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Comments
What happened to public hearings on appointees?
Posted by: Richard Evans | 2008-09-05 5:42:36 PM
I hit post before I was finished...
Why won't the other parties participate?
Posted by: Richard Evans | 2008-09-05 6:06:17 PM
Thanks for your comments, Richard.
If I understand the process correctly, the opposition parties were asked to produce a short list of candidates from which Harper would then choose a nominee who would then be questioned by an ad hoc committee of the House of Commons before being formally appointed to the Supreme Court.
I get the impression the opposition parties were being obstructionist by not participating in the meetings that were set to create a short list of prospective nominees.
What Harper has done is select his own nominee who will still go through the "public hearing," which I think is what the ad hoc committee is about.
Sound right?
So what do we know about Cromwell?
Posted by: Matthew Johnston | 2008-09-05 6:21:14 PM
So what do we know about Cromwell?
Posted by: Matthew Johnston | 5-Sep-08 6:21:14 PM
A Roundhead
Posted by: The Stig | 2008-09-05 6:48:11 PM
So what do we know about Cromwell?
Posted by: Matthew Johnston | 5-Sep-08 6:21:14 PM
From Bloomberg:
"Cromwell's recent decisions on the Nova Scotia bench focused on family law and employment issues. Philip Girard, professor at Dalhousie Law School in Halifax, Nova Scotia, described him as a "generalist" who is "faithful to the text of the law but doesn't ignore the context either."
"Cromwell graduated with a law degree from Queens University in Kingston, Ontario, in 1976. He received a Bachelor of Civil Law degree from University of Oxford a year later. Cromwell was an executive legal officer at the Supreme Court of Canada from 1992 to 1995 and was appointed to the Nova Scotia Court of Appeal in 1997."
(http://www.bloomberg.com/apps/news?pid=20601082&sid=a2XVOw3vPXEY)
It's not much right now, but it's something.
Posted by: Kalim Kassam | 2008-09-05 7:30:52 PM
It is something, Kalim, but I was hoping for a Clarence Thomas-style controversy.
This guy probably hasn't even returned a library book late, never mind harass a staffer with a can of Coke and a pubic hair.
Is he pro-life or pro-choice, pro-gun or anti-gun...see where I’m going?
Posted by: Matthew Johnston | 2008-09-05 8:16:53 PM
Why make a prospective appointment just after you have called an election? Harper must be really confident that he will win the election. If he loses Cromwell will no longer be under consideration.
Posted by: DML | 2008-09-05 10:43:54 PM
DML -- I think the selection of a nominee to the Supreme Court helps to show that the Conservatives take seriously the need to fill the vacancy and that they are decisive.
It also allows them to highlight yet another example of what they are calling a dysfunctional parliament. The fact that the opposition parties seem to be obstructing the process supports Harper’s claim that an election is the only way for him to seek a clearer mandate to get things done.
Posted by: Matthew Johnston | 2008-09-05 11:16:20 PM
Fair comment Matthew, thank you.
Posted by: DML | 2008-09-05 11:23:24 PM
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