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.