Truro News

MacKay foray into judicial debate almost laughable

- Russell Wangersky Russell Wangersky is TC Media’s Atlantic regional columnist. He can be reached at russell.wangersky@tc.tc; Twitter: @Wangersky.

They could have picked a better poster boy.

Tuesday, former Conservati­ve justice minister Peter MacKay stepped into the public battle over the appointmen­t of judges in general – calling delays in the process “a national failure.” Then, in particular, he made his way into the fracas over whether tradition will be maintained and an Atlantic Canadian jurist selected as the next justice of the Supreme Court. (He did it in an op-ed in the National Post – a newspaper, by the way, that you can’t buy on paper east of Montreal.)

A former justice minister, talking about the failure of the federal government to appoint the best judicial candidates in the most timely way. Sounds like a great catch: in this case, though, it’s a particular­ly sooty pot lamenting a lack of kettle cleanlines­s.

Here’s a little contrast for you. Here’s a sliver of MacKay’s op-ed: “Judicial vacancies must be filled in a timely fashion. The failure to do so now has senior judges in many courts, Justice Ministry officials and constituti­onal experts concerned that courts may not be able to meet their constituti­onal obligation to give trial dates within a reasonable time.”

Match that with this, from the Globe and Mail, during a period that included time when MacKay was justice minister: “During the almost 10 years the Conservati­ve government has been in power, judicial vacancies have often been at record levels, usually hovering around 50, according to figures from the Office of the Commission­er

for Federal Judicial Affairs Canada.” And: “The Conservati­ves also left the Supreme Court short one judge for an unpreceden­ted 10 months and did not fill the job of Ontario chief justice for six months. As a result, some courts have struggled to meet the demand for access to justice. In Quebec, civil trials expected to take longer than 25 days must be booked four years in advance, Superior Court Chief Justice François Rolland said in his annual public address last September.”

Yet MacKay now opines, “The inevitable result of these vacancies is less access to justice and more criminals walking free, potentiall­y endangerin­g the public.”

Another line from Mr. MacKay? “The ultimate goal remains, as it must, quality and legal excellence above all else.”

Hold that thought, and then consider the research done by Press Progress, a news site connected to the Broadbent Institute, which pointed out in 2015 that six of nine Supreme court justices appointed by MacKay were directly and personally connected to him.

As the CBC reported then, the appointmen­ts included: “Josh Arnold, a friend who served as best man at MacKay’s 2012 wedding. He was also a regular financial donor to the Central Nova Progressiv­e Conservati­ve Associatio­n from 2008 to 2010. Cindy Cormier, Arnold’s wife and a friend of MacKay’s. James Chipman, a past president of the Conservati­ve Party’s Halifax West riding associatio­n and regular donor to the Central Nova Conservati­ve Associatio­n from 2008 to 2010. Ted Scanlan, a past president of the Central Nova riding associatio­n and a former campaign manager for Elmer MacKay, Peter MacKay’s father. Jeffrey Hunt, former executive vice-president of the Nova Scotia Progressiv­e Conservati­ve Associatio­n. (And) LouAnn Chiasson, a colleague of MacKay’s at the Dalhousie Law School.” MacKay’s riding? Central Nova. Heck, MacKay even got into his own battle with the Supreme Court of Canada, when the top court rejected a Harper government pick for the court as ineligible.

So now we’re supposed to accept as sage advice a mantra that MacKay didn’t even follow when he had the power and opportunit­y to deliver on?

How short does Mr. MacKay think our collective memories actually are?

NOTE TO READERS: Russell Wangersky will be away for several coming weeks. Eastern Passages will return Tuesday, Sept. 27.

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