Questions and Answers

• How will the next Supreme Court Justice be selected?
• How many people will be considered for candidacy?
• Will the next SCC judge be bilingual?
• Why will only the Attorneys General from the four Atlantic provinces be consulted?
• Who is on the Supreme Court Selection Panel, and what will be their role?
• Why is the Supreme Court Selection Panel composed only of Members of Parliament?
• How will the Supreme Court Selection Panel assess the merits of the candidates?
• Who will make the final decision?
• When will a new Supreme Court judge be appointed?

June 2008

Q. How will the next Supreme Court Justice be selected?

The Minister of Justice and Attorney General of Canada will consult with the Attorneys General (AGs) of the Atlantic provinces, as well as key members of the legal community, to identify a list of qualified candidates. 

Members of the public are also invited to submit their input with respect to candidates who merit consideration at www.justice.gc.ca/eng/scc-csc.html.

Once a pool of candidates has been created, a Supreme Court Selection Panel will assess the candidates and provide a short list of three qualified candidates to the Prime Minister of Canada and the Minister of Justice. The Prime Minister will then nominate a candidate.  

That candidate will appear in front of a televised ad hoc parliamentary committee that will interview the nominee. This step serves to enhance public knowledge of, and confidence in the new judge as well as the Supreme Court itself.

Q. How many people will be considered for candidacy?
There is no set limit as to how many candidates will be considered. However, due to the qualifications needed to be appointed as a Supreme Court Justice, numbers will be limited.

Q. Will the next SCC judge be bilingual?
The goal is to find the most meritorious individual for the position, but bilingualism is an important consideration in determining the merit of each candidate.

Q. Why will only the Attorneys General from the four Atlantic provinces be consulted?
The current Supreme Court vacancy is the result of the resignation of the Honourable Mr. Justice Michel Bastarache, who represented the Atlantic region.

There is a long-standing practice of regional representation of Justices on the Supreme Court; with three judges each from Quebec and Ontario, one from British Columbia, one from the three Prairie provinces, and one from the Atlantic region. 

Q. Who is on the Supreme Court Selection Panel, and what will be their role?
The Supreme Court Selection Panel will be made up of five Members of Parliament – including two Members from the Government Caucus and one Member from each of the recognized Opposition Caucuses, as selected by their respective leaders.

The Panel will be responsible for assessing the short list of candidates and for providing three qualified candidates to the Prime Minister and the Minister of Justice, for their consideration

Q. Why is the Supreme Court Selection Panel composed only of Members of Parliament?
Although the appointment decision is the prerogative of the Governor in Council, to help make the best decision possible, the input of a broad representation of Parliamentarians as part of the selection process is important, as these individuals represent the people of Canada. Empowering parliamentarians early in the process also helps promote greater transparency in the selection process for the Supreme Court of Canada.

Q. How will the Supreme Court Selection Panel assess the merits of the candidates?
A. The Panel’s assessments will include confidential consultations with the candidates as well as an analysis of the candidates’ past achievements. 

Q. Who will make the final decision?
The authority to make Supreme Court appointments rests with the Prime Minister who makes a recommendation to the Governor in Council.

Q. When will a new Supreme Court judge be appointed?
As this is an important nomination process, requiring care and diligence. The Government will take the time needed to select the right candidate.