New SCC Justices!

[Barrister]

Harper to appoint Ontario judges Karakatsanis and Moldaver to Supreme Court: reports
kirk makin
JUSTICE REPORTER— From Monday's Globe and Mail
Published Sunday, Oct. 16, 2011 9:53PM EDT
Last updated Monday, Oct. 17, 2011 8:29AM EDT
303 comments Email  Print/License Decrease text size Increase text size  The face of the Supreme Court of Canada is poised to change dramatically as the Harper government puts an indelible stamp on the court by naming two new nominees.

CTV reported late Sunday that Stephen Harper would on Monday announce the appointment of Madam Justice Andromache Karakatsanis and Mr. Justice Michael J. Moldaver, both judges on the Ontario Court of Appeal.

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Ottawa reacts to Supreme Court drug site ruling The new judges will bring to four the number Mr. Harper has appointed, putting him within easy reach of refashioning a court that gets the final say on his tough-on-crime political agenda.

Judge Karakatsanis, who is fluent in English, French and Greek, would be the Supreme Court's first Greek-Canadian judge. Her appointment would forestall feminist criticism by maintaining the court's complement of female judges at four.

Judge Moldaver's nomination would be particularly applauded in the law-enforcement community.

A judge who typically does not believe in striking down legislation, Judge Moldaver has publicly decried a proliferation of litigation under the Charter of Rights. Both factors make him an ideal nominee for a government with an ambitious law and order agenda.

While neither appointee would comes as a surprise, both are likely to come under criticism for certain perceived vulnerabilities.

Having spent her career as a top civil servant, Judge Karakatsanis has vast administrative experience but little in the realities of a law practice. Her career on the bench has been short,and she has produced little in the way of significant jurisprudence.

Her nomination is also likely to come under fire because of her close connections to powerful Conservatives – most notably, Finance Minister James Flaherty, with whom she worked closely when he was Ontario's attorney-general.

Judge Moldaver's inability to speak French is sure to provoke a degree of controversy, as will a public stance he has taken against courtroom strategies he perceives as wasting court resources and bringing the Charter of Rights into disrepute.

The search for the nominees has been slow, forcing the court to launch its fall session with a seven-judge bench. With important cases lying just ahead, including an aboriginal sentencing case Monday and a case involving the right of Islamic witnesses to wear a niqab while testifying, the need to reach a full complement is acute.

Nominees will have to complete one final stage: a parliamentary committee hearing during which the nominees will respond to questions from MPs.

It will likely take at least two weeks before the hearing can be held, meaning that the two new judges will not take their places until well into November.

Since the parliamentary committee has no power to reject the nominees, their ultimate appointment is virtually certain.

Judge Binnie and Judge Charron announced their retirements last May, but the Department of Justice did not submit its top-secret list of 12 semi-finalists until late August.

Nine of those on the preliminary list were Ontario Court of Appeal judges, according to legal sources. The other three were lawyers in private practice or lower-court judges.

http://www.theglobeandmail.com/news/politics/harper-to-appoint-ontario-judges-karakatsanis-and-moldaver-to-supreme-court-ctv/article2202999/

Moldaver.   I heard him speak at an Ontario Crown School in 2009.  His talk was very much in line with the attitudes described in this article - blasting defence counsel for time-wasting strategies, for arguing that the system is too iften treated as merely a complex system of rules, and not aboutt he pursuit of truth.

I must admit I know nothing of Karakatsanis.

[Ideologue]

Moldaver?  I hardly knew her.

Seriously, who's his cousin, Wallachier?

[Grey Fox]

Great 2 ontarian square heads.

[Barrister]

Great 2 ontarian square heads.

They're replacing two Ontario justices.  Quebec still has it's traditional three.

[Grey Fox]

Great 2 ontarian square heads.

They're replacing two Ontario justices.  Quebec still has it's traditional three.

No SCC justices should be from Ontario.

[Barrister]

Great 2 ontarian square heads.

They're replacing two Ontario justices.  Quebec still has it's traditional three.

No SCC justices should be from Ontario.

But... Moldaver.

[Valmy]

No SCC justices should be from Ontario.

[Neil]

They're lawyers, and so are incapable of being of any use in the search for truth and justice.

[crazy canuck]

Moldaver looks to be an excellent choice.  I dont know much about the other appointee.  It is a bit disconcerting that the media seems to be focusing on the extent to which each speaks French such that Moldaver comes across as a weak choice due to his unilingualism.

[Barrister]

Moldaver looks to be an excellent choice.  I dont know much about the other appointee.  It is a bit disconcerting that the media seems to be focusing on the extent to which each speaks French such that Moldaver comes across as a weak choice due to his unilingualism.

To the media, appointments are all about filling check boxes, and not at all about things like qualifications or skills.

[Malthus]

Moldaver looks to be an excellent choice.  I dont know much about the other appointee.  It is a bit disconcerting that the media seems to be focusing on the extent to which each speaks French such that Moldaver comes across as a weak choice due to his unilingualism.

Yeah, Moldaver is seen by lawyers here as a solid choice. No real opinion on the other one. Hasn't made much of a mark on the bench.

[Barrister]

More complete story now up:

http://www.theglobeandmail.com/news/politics/pm-taps-ontario-judges-karakatsanis-moldaver-for-supreme-court/article2203240/page1/

Too long to post all of it, but if you go to pages 2 & 3 you'll see why I adore Moldaver so much.

[Malthus]

Judge Karakatsanis began practicing law in 1982 after spending a year as law clerk to the Chief Justice of Ontario. She worked in criminal, civil and family litigation in a small Toronto firm.

From 1988 to 1995, she was chair and chief executive officer of the Liquor Licence Board of Ontario.

Her next administrative role was as Secretary of the Ontario Native Affairs Secretariat. Two years later, in 1997, she became deputy attorney-general.

In 2000, she rose to be Secretary of the Ontario Cabinet and Clerk of the Executive Council during the Mike Harris Conservative government. As the senior public servant in Ontario, she held a dominant leadership position over the province's deputy ministers and the public service.

Judge Karakatsanis was appointed to Superior Court of Ontario in 2002 and served as Administrative Judge for the Small Claims Court in Toronto. She was elevated to the Ontario Court of Appeal last year.

They chose this woman over Sharpe? 

She has a solid record - as an administrator. Seems an offputting appointment.

[Barrister]

Judge Karakatsanis began practicing law in 1982 after spending a year as law clerk to the Chief Justice of Ontario. She worked in criminal, civil and family litigation in a small Toronto firm.

From 1988 to 1995, she was chair and chief executive officer of the Liquor Licence Board of Ontario.

Her next administrative role was as Secretary of the Ontario Native Affairs Secretariat. Two years later, in 1997, she became deputy attorney-general.

In 2000, she rose to be Secretary of the Ontario Cabinet and Clerk of the Executive Council during the Mike Harris Conservative government. As the senior public servant in Ontario, she held a dominant leadership position over the province's deputy ministers and the public service.

Judge Karakatsanis was appointed to Superior Court of Ontario in 2002 and served as Administrative Judge for the Small Claims Court in Toronto. She was elevated to the Ontario Court of Appeal last year.

They chose this woman over Sharpe? 

She has a solid record - as an administrator. Seems an offputting appointment.

She is a:

-woman
-Greek (First Greek SCC Justice can't hurt)
-bilingual
-strong, but defensible ties to Flaherty and Ontario PCs

[The Minsky Moment]

They chose this woman over Sharpe? 

Given the cultural sensitivies in Canada, picking a man most famous for shooting Frenchmen might be seen as unduly provocative.