David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos @Kathryn98967631 and 47 others
Methinks Jody Wilson-Raybould's latest whistle-blower just opened up a huge can of worms N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/03/trudeau-rejected-wilson-rayboulds.html
#nbpoli #cdnpoli
https://www.cbc.ca/news/politics/trudeau-supreme-court-wilson-raybould-1.5070619
Trudeau rejected Wilson-Raybould's conservative pick for high court, CP sources say
Wilson-Raybould said she's 'not at liberty to comment' on discussions with Trudeau over Supreme Court nominees
Jody Wilson-Raybould recommended in
2017 that Prime Minister Justin Trudeau nominate a conservative Manitoba
judge to be chief justice of the Supreme Court, even though he wasn't a
sitting member of the top court and had been a vocal critic of its
activism on Charter of Rights issues, The Canadian Press has learned.
Well-placed sources say the former justice minister's choice for chief justice was a moment of "significant disagreement" with Trudeau, who has touted the Liberals as "the party of the charter" and whose late father, Pierre Trudeau, spearheaded the drive to enshrine the Charter of Rights and Freedoms in the Constitution in 1982.
The sources spoke on condition of anonymity because they were not authorized to discuss internal discussions about a Supreme Court appointment, which are typically considered highly confidential.
For her part, Wilson-Raybould said Monday "there was no conflict between the PM and myself."
In an email, she characterized the matter as part of the normal process of appointing a Supreme Court justice, which involves "typically CONFIDENTIAL conversations and communications — back and forths between the PM and the AG (attorney general) on potential candidates for appointment."
She said she's "not at liberty to comment" on the "veracity" of what the sources said occurred, adding,
"Commentary/reporting in this regard with respect to a SCC appointment(s) could compromise the integrity of the appointments process and potentially sitting justices."
The
issue suggests Trudeau may have had reasons unrelated to the
SNC-Lavalin affair for moving Wilson-Raybould out of the prestigious
Justice portfolio earlier this year — a cabinet shuffle that touched off
a full-blown political crisis for the governing Liberals.
Wilson-Raybould has said she believes she was moved to Veterans Affairs as punishment for refusing to intervene to stop a criminal prosecution of the Montreal engineering giant on bribery charges related to contracts in Libya. Trudeau has denied the SNC matter had anything to do with the decision.
She resigned a month later amid allegations she was improperly pressured by the Prime Minister's Office to interfere in the SNC-Lavalin case, triggering a furor that has engulfed the Trudeau government ever since.
The issue, the sources say, arose after Beverley McLachlin announced in June 2017 her decision to retire that December after 28 years on the high court, including 17 as chief justice.
Her retirement meant the government would have to choose a new chief justice and find another bilingual judge from western or northern Canada to sit on the nine-member bench.
Trudeau created an independent, non-partisan advisory board, headed by former Conservative prime minister Kim Campbell, to identify qualified candidates to fill the western/northern vacancy and submit a short list of three to five names for consideration.
According to the sources, one of the names on the eventual list was Glenn Joyal, who had been appointed in 2011 by former Conservative prime minister Stephen Harper as chief justice of Manitoba's Court of Queen's Bench.
Wilson-Raybould then sent Trudeau a 60-plus-page memo arguing that Joyal should not only be added to the top court but should be named chief justice as well.
Only once before in Canadian history — in 1906, when Sir Wilfrid Laurier appointed his justice minister to the top judicial job — has a prime minister chosen a chief justice who was not already sitting on the Supreme Court.
Wilson-Raybould's pick puzzled Trudeau but he became disturbed after doing some research into Joyal's views on the charter, the sources said.
Joyal had criticized the judiciary for broadly interpreting charter rights and expanding them to apply to things not explicitly mentioned in the charter or, in his view, intended by provincial premiers when they agreed to enshrine a charter in the Constitution.
The Supreme Court's liberal interpretation has led to things like legalization of same-sex marriage, the right of women to choose to have an abortion and the legalization of medical assistance in dying, among other things — developments Trudeau has celebrated.
In a January 2017 speech to the Canadian Constitution Foundation's Law and Freedom Conference, Joyal echoed conservative arguments that the top court has usurped the supremacy of elected legislatures to determine social policy.
The charter, Joyal argued, was the result of a compromise between Pierre Trudeau and premiers, most of whom had originally opposed inclusion of a charter in the Constitution. The compromise was intended to maintain a balance between the judiciary and the legislative branch of government, with provisions allowing governments to limit or override rights altogether in some circumstances.
Since then, judicial interpretation of the charter has ignored the intentions of the drafters and "led without question to a level of judicial potency that was not anticipated back in 1982," Joyal said in the speech, a video of which is available on the foundation's website. That, in turn, has resulted in a "less potent and less influential legislative branch that seldom has the final word."
"With the 'constitutionalizing' of more and more political and social issues into fundamental rights, the Canadian judiciary has all but removed those issues, in a fairly permanent way, from the realm of future civic engagement and future political debate," he said.
Joyal was particularly critical of the Supreme Court's interpretation of section 7 of the charter — the section which guarantees everyone the right to life, liberty and security of the person and under which the top court struck down Canada's abortion law and the prohibition on medically assisted death.
The
court's liberal interpretation of that section "has become,
particularly in recent years, the single most fertile source for the
discovery of new rights and the de facto constitutionalization of
political and social issues," he said.
Trudeau rejected Wilson-Raybould's advice. He ended up appointing Sheilah Martin, a judge on the appeal courts of Alberta, Northwest Territories and Nunavut, to fill the vacant western Canadian seat on the bench. Sitting Supreme Court Justice Richard Wagner was elevated to the role of chief justice.
Wilson-Raybould's advocacy of Joyal for the top judicial job may not come as a total surprise to some Liberals, who've privately noted what they consider her conservative, restrictive approach to charter rights in a number of bills, including those dealing with assisted dying, impaired driving and genetic discrimination.
Jane Philpott, as health minister at the time, was jointly responsible with Wilson-Raybould for the assisted dying legislation. She quit the cabinet earlier this month in solidarity with Wilson-Raybould, saying she no longer had confidence in the government's handling of the SNC-Lavalin affair.
CBC's Journalistic Standards and PracticesWell-placed sources say the former justice minister's choice for chief justice was a moment of "significant disagreement" with Trudeau, who has touted the Liberals as "the party of the charter" and whose late father, Pierre Trudeau, spearheaded the drive to enshrine the Charter of Rights and Freedoms in the Constitution in 1982.
The sources spoke on condition of anonymity because they were not authorized to discuss internal discussions about a Supreme Court appointment, which are typically considered highly confidential.
For her part, Wilson-Raybould said Monday "there was no conflict between the PM and myself."
In an email, she characterized the matter as part of the normal process of appointing a Supreme Court justice, which involves "typically CONFIDENTIAL conversations and communications — back and forths between the PM and the AG (attorney general) on potential candidates for appointment."
She said she's "not at liberty to comment" on the "veracity" of what the sources said occurred, adding,
"Commentary/reporting in this regard with respect to a SCC appointment(s) could compromise the integrity of the appointments process and potentially sitting justices."
Wilson-Raybould has said she believes she was moved to Veterans Affairs as punishment for refusing to intervene to stop a criminal prosecution of the Montreal engineering giant on bribery charges related to contracts in Libya. Trudeau has denied the SNC matter had anything to do with the decision.
She resigned a month later amid allegations she was improperly pressured by the Prime Minister's Office to interfere in the SNC-Lavalin case, triggering a furor that has engulfed the Trudeau government ever since.
The issue, the sources say, arose after Beverley McLachlin announced in June 2017 her decision to retire that December after 28 years on the high court, including 17 as chief justice.
Her retirement meant the government would have to choose a new chief justice and find another bilingual judge from western or northern Canada to sit on the nine-member bench.
Not since Wilfrid Laurier
Trudeau created an independent, non-partisan advisory board, headed by former Conservative prime minister Kim Campbell, to identify qualified candidates to fill the western/northern vacancy and submit a short list of three to five names for consideration.
According to the sources, one of the names on the eventual list was Glenn Joyal, who had been appointed in 2011 by former Conservative prime minister Stephen Harper as chief justice of Manitoba's Court of Queen's Bench.
Wilson-Raybould then sent Trudeau a 60-plus-page memo arguing that Joyal should not only be added to the top court but should be named chief justice as well.
Only once before in Canadian history — in 1906, when Sir Wilfrid Laurier appointed his justice minister to the top judicial job — has a prime minister chosen a chief justice who was not already sitting on the Supreme Court.
Joyal criticized charter interpetation by SCOC
Wilson-Raybould's pick puzzled Trudeau but he became disturbed after doing some research into Joyal's views on the charter, the sources said.
Joyal had criticized the judiciary for broadly interpreting charter rights and expanding them to apply to things not explicitly mentioned in the charter or, in his view, intended by provincial premiers when they agreed to enshrine a charter in the Constitution.
The Supreme Court's liberal interpretation has led to things like legalization of same-sex marriage, the right of women to choose to have an abortion and the legalization of medical assistance in dying, among other things — developments Trudeau has celebrated.
In a January 2017 speech to the Canadian Constitution Foundation's Law and Freedom Conference, Joyal echoed conservative arguments that the top court has usurped the supremacy of elected legislatures to determine social policy.
Charter reduces influence of legislators: Joyal
The charter, Joyal argued, was the result of a compromise between Pierre Trudeau and premiers, most of whom had originally opposed inclusion of a charter in the Constitution. The compromise was intended to maintain a balance between the judiciary and the legislative branch of government, with provisions allowing governments to limit or override rights altogether in some circumstances.
Since then, judicial interpretation of the charter has ignored the intentions of the drafters and "led without question to a level of judicial potency that was not anticipated back in 1982," Joyal said in the speech, a video of which is available on the foundation's website. That, in turn, has resulted in a "less potent and less influential legislative branch that seldom has the final word."
"With the 'constitutionalizing' of more and more political and social issues into fundamental rights, the Canadian judiciary has all but removed those issues, in a fairly permanent way, from the realm of future civic engagement and future political debate," he said.
Joyal was particularly critical of the Supreme Court's interpretation of section 7 of the charter — the section which guarantees everyone the right to life, liberty and security of the person and under which the top court struck down Canada's abortion law and the prohibition on medically assisted death.
Trudeau rejected Wilson-Raybould's advice. He ended up appointing Sheilah Martin, a judge on the appeal courts of Alberta, Northwest Territories and Nunavut, to fill the vacant western Canadian seat on the bench. Sitting Supreme Court Justice Richard Wagner was elevated to the role of chief justice.
Wilson-Raybould's advocacy of Joyal for the top judicial job may not come as a total surprise to some Liberals, who've privately noted what they consider her conservative, restrictive approach to charter rights in a number of bills, including those dealing with assisted dying, impaired driving and genetic discrimination.
Jane Philpott, as health minister at the time, was jointly responsible with Wilson-Raybould for the assisted dying legislation. She quit the cabinet earlier this month in solidarity with Wilson-Raybould, saying she no longer had confidence in the government's handling of the SNC-Lavalin affair.
2820 Comments
Commenting is now closed for this story.
Kevan Cleverbridge
Trudeau Liberal insiders trying desperately to change the narrative. Canadians can see through this.
David R. Amos
Reply to @Kevan Cleverbridge (Hill 70): Methinks Jody Wilson-Raybould's latest whistle-blower just opened up a huge can of worms. Many politicians know that right after I encountered three questionable Justices in the Federal Court of Appeal in may of 2017 Justices Beverley McLachlin and Derek Green quit the bench and Barry Winters was arrested in Edmonton. Everybody knows I spoke about all of them during the hearing.
To make matters worse Wilson-Raybould then appointed her Deputy Minister Bill Pentney, John Laskin and Sally Gomery to the bench. No doubt Wilson-Raybould's whistle-blower knows that I was arguing Pentney and his many minions and that I mentioned the legal actions of Gomery and Laskin and how we had crossed paths . There are no coincidences N'esy Pas?
Quick facts
In 2017, the Minister of Justice made 100 appointments and elevations – the most a Minister of Justice has made in one year in at least two decades. Of these appointees, half are women, four are Indigenous, and 16 have self-identified as a member of a visible minority population, LGBTQ2, or a person with a disability.
John Nelson
So it seems that Ms. Wilson-Raybould's choice was a thoughtful person not overwhelmed by his own ego. No wonder he was rejected as a Supreme Court judge.
David R. Amos
Reply to @John Nelson: Methinks many would agree that the people most overwhelmed by their egos are Justin and Jody N'esy Pas?
Michael Dome
What is it the Liberals want us to believe now?
David R. Amos
Reply to @Michael Dome: "What is it the Liberals want us to believe now?"
Methinks that they wish folks to believe that they are still Canada's Natural Governing Party N'esy Pas?
Shaun Lo
Reply to @David R. Amos:
Definite not the conservatives LOL
Watching Scheer turn red raving at Trudeau doesn’t give me confidence and Doug Ford As the next leading voice of Conservatives as leader of Ontario certainly makes it even more laughable.
Gord Gundersen
Nice Op-ed Katie, but it still does not explain Justin changing his story four times.
David R. Amos
Reply to @Gord Gundersen: "Nice Op-ed Katie, but it still does not explain Justin changing his story four times. "
Methinks even Justin can't do that N'esy Pas?
Robert Anderson
"The issue suggests Trudeau may have had reasons unrelated to the SNC-Lavalin affair for moving Wilson-Raybould out of the prestigious Justice portfolio earlier this year"
Correction:
The issue suggests Trudeau may have had reasons IN ADDITION to the SNC-Lavalin affair for moving Wilson-Raybould out of the prestigious Justice portfolio earlier this year
David R. Amos
Reply to @Robert Anderson: Methinks Jody's whistle-blower knows that she protected Justin from my litigation sine he appointed her. Anyone can Google Federal Court File No. T-1557-15 N'esy Pas?
Bill Mickey
Are people going to demand the CBC's source, the way they demanded the G & M's source for the SNC debacle?
David R. Amos
Reply to @Bill Mickey: I just gave them a big scoop and they have yet to allow it to be posted
David R. Amos
Reply to @David R. Amos: BINGO it has appeared
Michael Dome
This is Liberals doing this to Liberals. They literally are attacking themselves and want people to vote for them...
David R. Amos
Reply to @Michael Dome: Welcome to the Circus
Bill Micke
She said/he said, it's immaterial now. The LPC is imploding before our very eyes.
David R. Amos
Reply to @Bill Mickey: YUP
Lori Cameron
How convenient that this info just happened to appear in the news,deflecting away from snc lavalin. Who put this out to discredit Ms. Raybould Wilson? Who would gain from this?
Myke Letki
Reply to @Lori Cameron: I wonder........
David R. Amos
Reply to @Myke Letki: I will give you three guesses and the first two won't count
Molly Earl
SNC is just a giant smoke screen. JWR wanted things to been done her way or no way.
David R. Amos
Reply to @Molly Earl: Methinks they deserve each other N'esy Pas?
Dwight Williams
So I have to seriously wonder....
Is the overwhelming support of JWR from conservatives because she is actually a neocon in red sheeps clothing? Her recommendation of a judge who disagrees with just about every progressive position in western democracies sure indicates it to me.
David R. Amos
Reply to @Dwight Williams: "Is the overwhelming support of JWR from conservatives because she is actually a neocon in red sheeps clothing?"
Methinks they are just fan the flames to put themselves in a better light because not long ago they were demanding that Justin fire Jody N'esy Pas?
Dave MacDonald
Still comes down to if Trudeau did nothing wrong why is trying to stop the truth from coming out .
David R. Amos
Content disabled
Reply to @Dave MacDonald: Methinks Trudeau is just doing what Mr Butts and his other puppet masters are telling im to do N'esy Pas?
David R. Amos
Reply to @David R. Amos: Oh My My isn't that a rather telling thing?
Christopher Mills
It really seems like the government is trying to bait JWR at every turn. MPs telling her to just speak up in the HOC, knowing it's illegal...and now this leaked information on an issue they know JWR can't speak to or defend herself on, because it's confidential. Thankfully, she has not taken any of the bait so far. The Liberals continue to underestimate the intelligence of everyone outside their party.
David R. Amos
Reply to @Christopher Mills: Methinks many would agree that it the Tag Team of Jane and Jody who the ones playing games byway of the media N'esy Pas?
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