Will their fellow Minister Jim Flaherty follow Hogg’s advice on FATCA too? While we are at it why not submit the text of the US model 1 FATCA IGA for a Supreme Court of Canada reference?
The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, announced today the steps the Government has taken to clarify certain eligibility criteria of Supreme Court Justices.
A Reference will be launched by the Attorney General of Canada, in the Supreme Court of Canada, relating to appointments to the highest court. Declaratory provisions have also been introduced to the Supreme Court Act.
“Our Government will defend the eligibility of longstanding members of the bar in all provinces and territories to sit on the highest court in Canada,” said Minister MacKay. “Longstanding members of the Quebec bar should be, and are under the law, treated the same as lawyers in other provinces and territories in Canada.”
According to the legal opinion of former Supreme Court Justice Ian Binnie, whose professional recommendation was sought before the appointment of Justice Nadon, someone who has been an advocate of the Quebec bar for at least ten years at any time during their career is qualified to be appointed to the Supreme Court of Canada. This view was also supported by both former Supreme Court of Canada Justice, the Honourable Louise Charron, and noted constitutional expert PETER HOGG.