Legitimacy on Trial: A Process for Appointing Justices to the Supreme Court of Canada

Abstract

The Prime Minister’s unfettered power to appoint Justices to the Supreme Court of Canada has long been a subject of controversy, and the recent federal election campaign raised the profile of the issue once again. Nonetheless, the Supreme Court of Canada is generally a well-respected institution and its Justices are seen as highly professional and highly skilled jurists. Thus, ideas for alternative appointment processes are themselves often subject to criticism for their potential to politicize the appointment process and cause the best candidates to exclude themselves from consideration.