Canadian Prime Minister Stephen Harper and the former justice minister should apologize for impugning the integrity of head of the Supreme Court, says an international panel of jurists.
In 2013, Harper suggested that Chief Justice Beverly McLachlin acted inappropriately by contacting him about the legality of the nomination of a new judge to the Supreme Court. In an unusual move, the Supreme Court issued a statement denying the contact was inappropriate and pointing out that the chief justice routinely discusses such matters with the government.
Canadian jurists agreed and asked the International Commission of Jurists to investigate.
The Geneva-based group of jurists and lawyers contacted the Prime Minister’s Office to get its side of the story, but did not receive a response.
‘Encroachment upon independence of judiciary’
After its investigation was complete, the International Commission of Jurists wrote a letter saying Harper’s actions amounted to an encroachment upon the independence of the judiciary and the integrity of the chief justice. It called on Harper and then-Justice Minister Peter MacKay to withdraw their remarks and to apologize.
Listen“We were quite surprised by the strength of the language that was used in the opinion,” said Gerald Heckman, law professor at the University of Manitoba. “(The commission) found that the chief justice…had not conducted herself inappropriately. In fact, she had conducted herself in a manner that was perfectly consistent with international standards as they relate to the conduct of judges.
“On the other hand, the prime minister and minister of justice, through their public criticism of the chief justice had, in the ICJ’s view, acted in a way that could only negatively impact public confidence in the judicial system and in the moral authority and integrity of the judiciary, in other words, in a way that could only negatively impact judicial independence in Canada.”
‘Independent judiciary is a cornerstone of democracy’
The matter is extremely serious, said Heckman. “In a constitutional democracy like Canada’s, an independent judiciary is really the cornerstone of our democracy. Judges are charged with ensuring that legislatures and governments and their officials act according to our laws, to our constitution.
“And when they do that, judges may often make very courageous or unpopular decisions that have social, economic and political dimensions that may actually attract the anger of the government in power. So it’s crucial that judges not only be protected from pressures or threats of reprimand or retaliation by anyone including the government, but also that they be perceived by Canadians to have those protections,” noted Heckman.
Prime minister ‘has nothing to add’
The Prime Minister’s Office, in an email statement, acknowledged seeing the letter and said it had nothing to add.
‘We need public opinion to galvanize’
“This latest response is disappointing,” said Heckman. “We hope that the opinion delivered by the ICJ galvanizes public opinion…
“Certainly the legal community in Canada has, ever since the statements were made by the prime minister and the minister of justice, has certainly been solidly behind the independence of the judiciary. Now, what we need is for public opinion to galvanize and for those concerns to be shared more fully by the Canadian public.”
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