Chronology of Supreme Court Appointments Reform

December 12, 2003 - As part his "democratic reform" initiative, incoming Prime Minister Paul Martin announces: "the government will specifically consult the Standing Committee on Justice and Human Rights on how best to implement prior review of appointments of Supreme Court of Canada Judges." [Text no longer available]

January 19, 2004 - In a brainstorming session with law students from across Ontario, Minister of Justice Irwin Cotler identifies reforming the Supreme Court appointments process as a priority for the Martin government.

January 29, 2004 - In a speech at Wilfrid Laurier University, Roger Gallaway, Parliamentary Secretary for Democratic Reform, announces a government proposal which would require Supreme Court nominees to answer questions in front of a Parliamentary committee. Gallaway explains that courts are "the creation of Parliament and subject to it," and Parliament is "losing sight of the function and the role of the courts and their place in our constitutional design." He warns those judges who oppose such a change to "remember their proper roles, one of which is to avoid comment on political or parliamentary affairs." [View Text]

February 2, 2004 - A University of Toronto study suggests that claims of judicial activism at the Supreme Court of Canada are exaggerated; from 1982-2002, governments won 62.4% of the time when an act of Parliament or the legislatures was at issue. [View Text]

February 3, 2004 - Despite earlier indications to the contrary, there is no mention of reforming the Supreme Court appointments in the Throne Speech. [View Text]

February 4, 2004 - Democratic Reform Minister Jacques Saada unveils the "Democratic Reform Action Plan," which expands on the democratic reform proposals announced in December 2003. Under the heading, "Supreme Court appointments" the Plan reiterates the government's commitment to consult with "the appropriate Parliamentary committees on how best to implement prior review of appointments of Supreme Court of Canada Judges." [View Text]

February 20, 2004 - Madam Justice Louise Arbour announces she will leave the Supreme Court in June 2004, in order to become the U.N. High Commissioner for Human Rights. At a press conference in Saskatoon, Prime Minister Martin says he will make the final decision on who will fill her seat, but says he will involve MPs in the selection process. [View Text]

March 3, 2004 - Senior government sources tell reporters that the Ministry of Justice has floated the idea of an interim appointments process to fill the seat vacated by Madame Justice Louise Arbour. MPs on the Standing Committee are divided over whether to proceed with a one-off procedure to deal with the Arbour vacancy, or to develop a permanent procedure before her departure. [Text no longer available]

March 15, 2004 - The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness announces it will undertake a study of the process by which judges are appointed to the Supreme Court of Canada. [View Text]

March 17, 2004 - In a speech to the Quebec Chamber of Commerce, Prime Minister Martin reiterates the need for a new process of Supreme Court appointments as part of the larger project of democratic reform:

"In the same spirit of progressive reform, we want to give Parliamentarians the right to review the vast majority of appointments to senior government positions, including appointments to the Supreme Court of Canada. In the past, the process by which the Prime Minister appointed these judges unfolded behind closed doors. We have excellent Supreme Court justices who are recognized the world over. But the way we arrive at these appointments is from a bygone era, and we need to acknowledge this. This has to change. We aren't interested in submitting these appointments to politicized hearings that often make all sorts of noise but don't do much good. What we're interested in, rather, is to put to good use the knowledge and informed opinions of experts and Parliamentarians in order to help the Prime Minister make the best possible decisions."

March 22, 2004 - Mr. Justice Frank Iacobucci announces he will retire from the Supreme Court in June 2004, opening up a second vacancy on the high court. In her statement praising Justice Iacobucci's service, Chief Justice Beverly McLachlin states: "I know that the Canadian government will now consider the appointment of two new justices of the Supreme Court with all the care and deliberation that is required under the present circumstances."

Following Justice Iacobucci's announcement, a government source tells reporters that the idea of an interim appointment process has been abandoned now that there are two seats to fill. Derek Lee, Liberal MP and chairman of the Standing Committee, tells reporters that he hopes a permanent appointments process can be agreed upon by the end of April. [View Text]