For Harper it is a humiliating political setback. The rejection of a Supreme Court pick is unprecedented. It will leave a black mark on the prime minister’s otherwise solid record of judicial appointments. The fact that three of the judges who signed off on the 6-1 ruling are themselves Harper appointees only compounds the damage to the already strained relationship between the top court and the ruling Conservatives. The Court’s rebuttal of every argument the federal government marshalled to support its contention that it could unilaterally tweak the eligibility requirements to sit on the top bench also does not bode well for Ottawa’s agenda on Senate reform. On the upper house the federal government’s case similarly rests on the notion that it has the legal leeway to move to an elected Senate without securing the support of most or all provinces for a constitutional amendment. Friday’s ruling makes clear that the federal government cannot change the composition of the top court without unanimous provincial support. The same — for the record — holds true for abolishing the Supreme Court altogether.
Posted on: Sat, 22 Mar 2014 16:23:26 +0000
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