Top court short list subject of much buzz

Two women from Saskatchewan mentioned Cotler faces intense lobby for an aboriginal judge

OTTAWA— Western Canadian legal circles are abuzz over who among their number might be on the list of likely candidates to succeed Justice John Major as the Prairies’ representative on the Supreme Court. The six names on the short list, which will be winnowed down to three by a special advisory committee next month, are a secret, but that hasn’t slowed the rumour mill. Many of the early rumours have centred on two women from Saskatchewan: Court of Appeal Justice Georgina Jackson — an experienced judge who is widely seen as the province’s brightest appellate star — and Provincial Court Judge Mary Ellen Turpel- Lafond.

Cotler has faced an intense lobby to nominate the Supreme Court’s first aboriginal judge, and if the government decides to go that route, Turpel- Lafond may be seen as a good choice, despite the fact she has no experience as an appellate judge and has only been on the bench since 1998. She grew up in Manitoba, had a distinguished career as a law professor at Dalhousie University ( she holds a doctorate from Harvard and has also taught at the University of Toronto and the University of Saskatchewan) and is highly regarded by aboriginal groups.

“There’s a lot of talk about Judge Turpel. She has a strong background as an academic, she’s written quite widely on a lot of aspects of law, so that may well offset the fact she’s a judge from a lower court,” said Sanjeev Anand, a law professor at the University of Alberta.

Another name that’s frequently mentioned is Justice Murray Sinclair of Manitoba’s Court of Queen’s Bench, and the former co- chair of a provincial aboriginal justice inquiry.

In addition to Sinclair, Manitoba judges like Marc Monnin, the chief justice of the Court of Queen’s Bench, and Barbara Hamilton of the Court of Appeal are also reportedly under consideration.

There are also a number of aboriginal judges serving on the provincial bench in Alberta — including Thomas Goodson, Tony Mandamin and newly minted judge Danielle Dalton, who is likely a longshot.

“ Each and every one of these people has been steeped in the traditions of common law . . . I think it would look great on Canada to seize this opportunity to embrace the other founding legal tradition of this country, which is aboriginal law,” said Dianne Corbiere, president of the Indigenous Bar Association.

There are several serious candidates from Saskatchewan in addition to Turpel- Lafond and Jackson, including appellate court judges Robert Richards and Gene Anne Smith, and Gerald Morin, an aboriginal provincial court judge.

Several non- judges have also been mentioned: University of Saskatchewan president Peter MacKinnon, who is a former law professor; well- known native rights lawyer Donald Worme, a Cree who has served as government counsel at Ontario’s Ipperwash inquiry; and Harold MacKay, a commercial lawyer who has sat on several task forces on international trade.