08 October 2019

Andrew Coyne: Quebecers pick their own [Supreme Court justice] and the feds are letting them do it

https://o.canada.com/opinion/andrew-coyne-quebecers-pick-their-own-justice-and-the-feds-are-letting-them-do-it/wcm/0580f0aa-683c-40e3-9eb7-fca829a24912?fbclid=IwAR3c4W8Xw0S4aQsxsScwY2s3FODhBNQSB24BW-PecNiv8ndnFek-H_o9g_U

Announced last week, it was described in most news reports — where it was reported at all — as a “deal.” The government of Quebec would be given, for the first time, a formal say in the appointment of Supreme Court justices from the province, a prerogative hitherto reserved exclusively to the prime minister of Canada.

And in return? What would Quebec give up, or Ottawa gain, from this “deal”? The same as in most such deals between the federal government and the provinces, Quebec in particular: nothing. No concessions to federal authority, either in this field or another. Not so much as a thank you note. Federalism is all about give and take, of course; it’s just that it seems it’s always the feds that give and the provinces that take.

Prime ministers are well advised to consult widely on any Supreme Court appointment, no matter which province the appointee is from, as generally they have. The Trudeau government had previously gone so far as to codify the process in the form of a seven-person advisory board for each appointment — four drawn from the Canadian legal community, three selected by the federal government ...

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