Tuesday, February 21, 2006

Do we really want to go down that road?


Some highlights from a Toronto Star article on Harper's public hearing for Canada's next Supreme Court nominee...

Yesterday, Harper talked about seeking the "judicial temperament" in a Supreme Court nominee, and expressed his preference for jurists who are "prepared to apply the law rather than make it" and avoid being "inventive" in their rulings.

"The mere fact that a public hearing will take place represents an unprecedented step forward," Harper told reporters yesterday, adding the nomination will be "the least partisan process in history."

Harper pointed to the recent confirmations of U.S. Supreme Court Justices John Roberts and Samuel Alito as examples that public hearings need not become a partisan circus.
Oh yeah, Mr. Ethics? Well, listen to this advice from someone who's been there:
"My problem has always been that in the U.S. it's a charade. The nominees rehearse, they go through mock hearings. ... You then end up with a very close vote, so I wonder what the public thinks about the quality of judge they're getting when half the committee votes against them." – John Major, outgoing Supreme Court Justice
Funny, last time I checked calling the "recent confirmations" of John Roberts and Samuel Alito a partisan circus is an understatement. These two hearings created a complete mockery of the so-called impartiality of the US Supreme Court by making the whole process inherently political by the vary partisan nature of the questioning and final votes.

I really don't see how public hearings, in effect mock-hearings really, are in any way a "step forward" as Prime Minister Pinocchio seems to claim.

2 Comments:

Blogger Aeneas the Younger said...

SNC:

Ah yes, but Harper's plan is NOT about Parliamentary Review of Judicial Appointments. Rather, it is about politicising the judicial process in order to make our system more American, and more republican (note small "r").

Tories like myself who know the inclinations of Alberta "conservatives" and the "Calgary School" recognise & abhor their adolescent infatuation with all things that are theoreticaly "American." Which is why I won't vote for the CPC - and the reason why Harper continues to fail to gain the Tory (not conservative) vote in Ontario and Atlantic Canada.

ATY

4:16 AM  
Blogger Werben said...

I completely agree...If Harper had his way (and had a majority) he'd turn Canada into Republican-land. It's no coincidence that Harper's ideological mentor from the Calgary School,Tom Flanagan, is an American...

11:02 PM  

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