Tuesday, April 13, 2010

How judges are appointed

There is a brouhaha in Quebec about the appointment of judges -- the allegation is that some appointments were purely political.
The implication is that Party lawyers get appointed.

Not so.

If anything, being politically active makes a judicial appointment less likely precisely because the government wants no hint of political interference.

Now, Conservatives tend to appoint conservatives and Liberals liberals (and the NDP appointed some judges too when they held Ontario). But note the lower case -- most of the Federal appointments have been legally conservative but that makes sense. Why would Harper's government appoint left leaning judicial activists? What we have not seen is appointments of Conservative Party faithful. Similarly, being, say, a Riding President didn't get you appointed under the Liberals.

Appointing judges who see the world more or less the same as the Government is light years away from appointing judges for big "P" political reasons.

That's just not done, at least not Federally or in Ontario.

6 comments:

Anonymous said...

I assume this is a humor piece?

Anonymous said...

I assume this is a humor piece?

Gene Rayburn said...

I assume that Anonymous is Harry Balls again.

The Rat said...

Seriously? Isn't this the second time allegations of judgeships in return for donations or other favours has been made? In Quebec? Directed at Liberals? How long can you stick your head in the sand and say "nananananana" before you realize that, yes, even Liberal lawyers are corruptible.

(Man, I had trouble keeping a straight face writing that last line. Even Liberal Lawyers! Hah!!)

James C Morton said...

Hey, corruption exists. But what I can say is I haven't seen it in the Federal or Provincial appointments in Ontario. Seriously, if you want to become a judge it is best to tone down any political stuff -- it doesn't help. That's not my read of things -- that's the reality. Now, maybe Quebec really is a separate society in this way too but I would need a lot of convincing!

The Rat said...

Ok, I'll take your word for it in Ontario. And actually, if the Liberal party were more Ontario-centric I might have more time for it. But Quebec, oh Quebec, the Liberal party is under very heavy influence from Quebec, insists on alternating leaders with Quebec and the rest of Canada, and the corruption that appears to be endemic in Quebec is a serious problem for the Liberals. The idea that Quebec and "The rest of Canada" should be treated as equals is absurd but somehow forms a core of the Liberal faith and yet that faith means that half the time your party is lead by someone who has to live carefully, not see the corruption, and be able to testify to that under oath. Not good. Still, I worry that the Berniers of the CPC might just bring the same.

Vive le Québec libre! PLEASE!