CURRENT PROPOSALS FOR REFORM OF THE SUPREME COURT OF CANADA

Abstract

The author considers the proposals for reform of the Supreme Court of Canada contained in the Trudeau government Amendment Bill, the Canadian Bar Association Report, and the Pépin-Robarts Task Force Report. He agrees with continuing the Supreme Court’s final and comprehensive appellate jurisdiction, which allows it to fulfill its task of judicial leadership on matters of national importance. These include specifically constitutional issues, where the Supreme Court plays a necessary role, and also issues such as the interpretation of the Criminal Code, where such leadership, although not essential, is desirable. He supports statements that judicial appointment should emphasize merit, but does not find regional quotas inconsistent with this objective. He disagrees with all three reports proposing to replace unilateral appointment by the government with second chamber ratification requirements, preferring official nominating commissions to provide short lists from which to appoint.