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Prime Minister Stephen Harper has nominated two Ontario judges to fill vacancies at the Supreme Court of Canada. Justice Andromache Karakatsanis and Justice Michael J. Moldaver were among six judges recommended by a parliamentary review committee. The Supreme Court of Canada in Ottawa, Thursday, Oct. 7, 2010. (Adrian Wyld / THE CANADIAN PRESS) Justice Michael J. Moldaver, left, and Justice Andromache Karakatsanis were chosen by Prime Minister Stephen Harper to fill two vacancies at the Supreme Court of Canada on Monday, Oct. 17, 2011.

PM announces two nominees for Supreme Court

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Prime Minister Stephen Harper has nominated two Ontario judges to fill vacancies at the Supreme Court of Canada. Justice Andromache Karakatsanis and Justice Michael J. Moldaver were among six judges recommended by a parliamentary review committee. The Supreme Court of Canada in Ottawa, Thursday, Oct. 7, 2010. (Adrian Wyld / THE CANADIAN PRESS) Justice Michael J. Moldaver, left, and Justice Andromache Karakatsanis were chosen by Prime Minister Stephen Harper to fill two vacancies at the Supreme Court of Canada on Monday, Oct. 17, 2011.

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Prime Minister Stephen Harper has nominated two Ontario judges to fill vacancies at the Supreme Court of Canada. Justice Andromache Karakatsanis and Justice Michael J. Moldaver were among six judges recommended by a parliamentary review committee.

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I trust these two will NOT consider it their business to set policy for the Government of Canada and defer that role to the Parliamentarians as it should be.

Bradford

PM announces two nominees for Supreme Court

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PM announces two nominees for Supreme Court

Date: Mon. Oct. 17 2011 2:59 PM ET

Prime Minister Stephen Harper has chosen two judges from the Ontario Court of Appeal to fill vacancies at the Supreme Court of Canada.

As reported by CTV News Sunday night, Harper has selected Justice Andromache Karakatsanis and Justice Michael J. Moldaver.

Karakatsanis is considered a judicial moderate. She is bilingual and was a former top public servant in Ontario before Jean Chretien named her to the bench in 2002. She had also been considered for chief justice of the Ontario Court of Appeal.

Moldaver is a former defence lawyer who has expressed concern that the Charter of Rights and Freedoms is often being used to evade convictions for serious crimes. He was named to the bench by Brian Mulroney and promoted to the Ontario Court of Appeal by Jean Chretien.

Karakatsanis and Moldaver were among six judges recommended by a parliamentary review committee.

Karakatsanis is the first Greek-Canadian appointed to Canada's top court.

Moldaver is Jewish and is considered a tough law-and-order judge -- a good fit for the Conservatives' ambitious legal agenda. But he is not bilingual, which may ruffle some feathers during parliamentary questioning later this week.

The justice department consulted Canada's legal community for a list of qualified candidates. The names were submitted to an all-party committee of MPs, and the list was whittled down to six unanimous choices,

"Both Justice Karakatsanis and Justice Moldaver's candidacies were examined through a comprehensive process," Harper said in a statement Monday.

"Madam Justice Karakatsanis and Mr. Justice Moldaver are exceptional candidates who have the skills and qualifications necessary to serve Canadians as judges of the Supreme Court of Canada."

Both nominees have agreed to appear at an ad hoc parliamentary committee to answer questions from MPs on Oct. 19.

Karakatsanis may face questioning over her ties to some powerful Conservatives, in particular, Finance Minister Jim Flaherty, whom she worked closely with when he was Ontario's attorney general.

The parliamentary committee has no veto power over the appointments, which is entirely up to the prime minister.

The pair will replace two judges who retired in August: Justice Louise Charron and Justice Ian Binnie.

Supreme Court judges are appointed to serve on the bench until the age of 75.

The Supreme Court of Canada consists of nine judges, including the Chief Justice of Canada, currently Justice Beverley McLachlin.

With the two new appointments to the Supreme Court, there will be three judges from both Ontario and Quebec, and one each from Manitoba, British Columbia and Nova Scotia.

Four of the judges will be women with Karakatsanis' appointment.

Comments are now closed for this story

Bob,Calgary,Alberta
said

The pinko leftie gang of social workers, teachers, unionists and healthcare workers are really having a hard time finding reasons to crap all over the PM for these appointments. Afterall Stephen Harper was going to appoint a pair of right wing neo-cons(the current "in" term used by the leftie whiners) to the Supreme Court and surprise of all surprises he didn't do that. My goodness what will the lefties moan about now. Oh! one of the appointees isn't bilingual. C'est tragique. This will surely offend Quebec and the NDP kids.


John D
said

The Charter, like it or not, is part of the Constitution of Canada. Since the Constitution of Canada is the supreme law of Canada, that entails that Parliament and the Provincial Legislatures lack the power to make laws inconsistent with the Charter.That's not a new idea. The Courts in this country have been striking down legislation as unconsitutional since 1867. The Charter didn't add anything new to the basic formula that Parliament can't make a law inconsistent with the Constitution.The Courts do not make law. What they do is identify the law and apply it to the cases that come before them. Occasionally, identifying the law will require examining whether a given piece of legislation conflicts with the Constitution, which is prior to ordinary legislation. If it is, then it's not law.That's not judicial supremacy; it's constitutional supremacy.In any case, it's possible to change the Constitution. It's just kind of hard.


Deborah Ann
said

Good Luck to both of them. Lets hope they do a remarkable job.


An exception
said

Harper has been a catastrophe for Canadian values and its reputation abroad. However, this choice reflects an essentially non partisan appointment and I must applaud Harper for doing this. He will have done at least one good thing for this country!


Jettle
said

I rarely support anything Harper does. I think he has immeasurably harmed Canada and its reputation. However I have to admit that he did okay with these appointments.


Gord from Ottawa
said

I wish the new justices the best of luck in their new positions. To you who discount the SCC for "setting policy and making laws", nothing could be further from the truth. The Supreme Court of Canada has been in existence much longer than the Charter of Rights and Freedoms. But under the Charter, the SCC became the arbiter of those rights. Any court, including the SCC only passes judgement on those cases that are brought before them, and their decisions are based upon the arguments presented and the law. If the existing law disagrees with the Charter, the Charter takes precedence. Learn some Civics, people. Think what it could be like without an independent judiciary.


Brian
said

And once again Harry Laforme is overlooked.


Josh
said

Karakatsanis used to work for Flaherty and has little judicial experience.Moldaver can't speak one official language.Bad choices.


@Stewie
said

Bingo...There is a direct correlation between education and moderate/progressive political views. That is exactly why most knuckle dragging neo con posters on this website just can't understand the decisions the SCC makes...you're uneducated. By the way, there is also a correlation between income and education so if most of the knuckle dragging neo cons on this website were to, say, finish high school, you might become more enlightened AND you might make more money. Or you can just wait for the next increase in minimum wage. Your choice.


Paul
said

Legislating from the bench is treason. And it is high time that the SCC is made aware of that fact.


Yay Judges
said

"I trust these two will do their jobs as top judges and NOT defer to feckless Parliamentarians." Fixed that for you!


Lloyd Moseby
said

Moldaver is going to be a good judge for the SCC if apponted. Many lawyers and others misude the charter of rights and freedoms to evade conviction. Though the charter is in itself an important document to private citizens of this country, it has left to many loop holes for convicts and special interest groups to misuse to bend and distort laws. I remember when the charter was put in place by the then Trudeau government and many lawyers then had said that the charter was going to create a backlog in our judicial system and will bring every special interest group out of the wood work crying their rights have been violated. Let us hope that the new judges will be able to interpret the law in such away that they will be able to stop this garbage.


MikeKet
said

I must say I am very impressed with the selection process which considers diverse points of view and unlike many other processes in our political system seems to be non-partisan.

I am also impressed by how appointees -- initially appointed to tbe bench from from one party are promoted by another party.

In sum, this system seems to be working, and working well. I think credit should be given, where it is due. Thank you Mr. Harper for putting in place this process.


Ian Ottawa
said

It is refreshing to see that the Conservative Government looking forward and hopefully moving forward with amendments to Trudeau's legacy of the distruction of Canadian's Right's and to allow criminals and new immigrants to walk all over those that paid and did all the work.


Jim, Ontario
said

Elizabeth's comments are so refreshing. I'm so tired of hearing people say that every single thing that Stephen Harper does is wrong or evil without giving it any thought or paying attention to what's really happening. So many of you would be shocked to see what he's done on the world stage for oppressed women and minority groups. If you actually go out of your way to see this stuff the Harper-bashers start to sound like they're drinking something funny.


Prof. Pye Chartt
said

Undoubtedly, in order to paint these individuals as right-wing crazies serving "The Harper Agenda," the paranoiacally rabid anti-Conservatives will bypass the fact that former Liberal PM Chretien promoted both of these nominees in the past and, of course, the fact that the process to arrive at the final handful of SCC nominees was completely non-partisan.


Stewie
said

The last two judges Harper appointed both voted to keep Vancouver's safe injection site. I think by the time judges are educated enough to hold these positions they all swing to the left so hopefully this is one area that will be immune to Harper's destruction


howard in Brampton
said

I agree with art & Ry in the Hammer. Our Constitution with it's rights and freedoms applies to the Government of the day , as well as the public. There are certain things that Parliamentarians must be allowed, but more importantly, they must not be entirely unfettered. No Legislation or department rules that are contrary to the spirit and meanings withing the Constitution can be allowed to stand. Otherwise, we would be powerless to undo or prevent the imposition of insidious legislation or rules that have their genesis in the rigid Political ideology of a Party in power.


trunorth
said

No, art, that's the way it is supposed to be and once was. But the Charter of Rights and Freedoms has created a judicial monster (SCC) that now takes it upon itself to create and change laws without and, in spite of, parliament. Thanks a lot Pierre Trudeau!


lc
said

All you court bashers who would rather ideologues determine what is just must want to return to black only washrooms and women barefoot and pregnant.I swear every time we hear the right rhetoric it feels like Canada has devolved into Bush world. The truth is the very purpose of the courts is to prevent mob rule and injustice to minorities or the underclass which always happens when extremes on the right or left get to much power.Celebrate a impartial third voice to oversee the politicians as it protects us all.


Elizabeth
said

Despite the leftist rants about the concentration of power in the Prime Minister's office under Stephen Harper, he has given away more of his executive prerogatives that any PM since Confederation. He has subjected military deployments to the approval of parliament, allowed an all-party committee to select Supreme Court Justices, and he is even trying to give his power to appoint Senators to the people. None of his Liberal predecessors would have ever done those things. Stephen Harper deserves credit for bringing much-needed democratic reform to the way our government works.


art
said

The SCC does not set policy. It only makes sure that the government follows the current laws. If you don't like their decisions then you should blame the gavernment for making poor laws.


Ry in the Hammer
said

@Bradford - their job is to interpret the law and to strike it down when its contrary to supreme law of Canada, the Constitution and the Charter. Legislating from the bench wouldn't happen if politicians didn't try to pass laws outside the scope of their powers to appease self-interested voters rather than their conscience.


Big A
said

I agree Bradford - Our judges should administer the laws as dictated by our government and not make monumental decisions which change the course of the country. Far too often the governments of the day have deferred important decisions to the Canadian Court.


Bradford
said

I trust these two will NOT consider it their business to set policy for the Government of Canada and defer that role to the Parliamentarians as it should be.


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