release of information ‘wholly inappropriate’
The report said the larger plan was to then appoint an Indigenous justice to replace Joyal as chief justice of the Manitoba Court of Queen’s Bench.
Wilson-Raybould said she won’t comment on the accuracy of those reports, noting that Supreme Court appointment deliberations are supposed to be “highly confidential.”
“I do feel compelled to say that I have not — as some have suggested — been the source of any of these stories, nor have I ever authorized any person to speak on my behalf,” she said.
She said leaks about Supreme Court appointment deliberations “could compromise the integrity of the appointments process, our institutions and potentially sitting justices.”
On Wednesday, Conservative MP Lisa Raitt wrote to Federal Judicial Affairs Commissioner Marc Giroux — whose mandate includes protecting judicial independence — to ask for an investigation into the leaks.
“A plain reading of the facts strongly suggests that political actors have leaked the content of discussions regarding an appointment to Canada’s highest judicial body,” said her letter. “If indeed this is true, it is an egregious case of political interference and one that severely injures the independence of the judiciary.”
In response, Giroux said his office does not have investigatory power, but added he is “deeply concerned.”
“The release of any such confidential information is wholly inappropriate,” Giroux said.
On Tuesday, Prime Minister Justin Trudeau did not respond directly when asked whether his office was behind the leaks. “Canadians can have confidence in our government’s respect for the institutions, for the Supreme Court,” he said. “Canadians have confidence in the strength of our judiciary in this country. And I have no further comment to make on this issue.”
On Wednesday, however, the Prime Minister’s Office said it is not responsible for the release. “The PMO would never leak who would be considered for a judicial appointment,” said spokeswoman Chantal Gagnon.
David Lametti, Wilson-Raybould’s successor as justice minister and attorney general, posted a statement on Wednesday saying he’s “concerned” by the publication of details of the Supreme Court selection process, but did not address whether an investigation should be launched.
“The integrity of our process depends on confidentiality for all parties involved,” Lametti said in a Twitter post. “Canadians should have complete confidence in the administration of justice.”
Legal organizations have issued statements condemning the leaks. Canadian Bar Association president Ray Adlington said the breach of confidentiality “demeans the selection process and ultimately all those who hold the office of judge.”
The Manitoba Bar Association condemned the leaks and defended Joyal’s reputation as a judge — especially against the accusation in the stories that Trudeau worried Joyal’s view of the Charter meant he might undermine gay rights or access to abortion.
“Nothing in what he has done throughout his judicial career, nor in the publicized comments he has made, could suggest that he is against a woman’s right to choose, same-sex marriage or LGBTQ2S rights generally,” said the statement from Mark Toews. “It is most appalling that such an inaccurate description has been suggested or implied.”
Meanwhile, the Commons justice committee has now received a highly anticipated written submission from Wilson-Raybould, which is expected to lay out further evidence on whether she was inappropriately pressured to intervene in the SNC-Lavalin prosecution — including emails and texts to support her testimony.
Wilson-Raybould’s submission to the committee is expected to be made public, but first it has to be translated into French and reviewed for possible redactions on personal information.
As of Wednesday afternoon, the submission had not yet been distributed to MPs on the committee. Committee chair Anthony Housefather is seeking unanimous consent from the committee members by email on whether they can receive the submission before it’s translated.