Newfoundland's turn?

Dal Law professor Philip Girard surveys possible replacements for retiring Supreme Court Justice Michel Bastarache. By tradition, one spot is reserved for Atlantic Canada (Bastarache is from New Brunswick), and no Newfoundlander has ever been appointed to the top court:

So who’s in the running on the Rock? First of all, not the Chief Justice of the Court of Appeal, Clyde Wells. This PM is not going to appoint a former Liberal premier to the Supreme Court. And the man will be 71 this year, leaving him only four years in office. That would be a real slap to the province: let’s appoint someone we know will only be there a few years, then you can wait sixty years for your next turn.

There are some impressive candidates on the Newfoundland courts. Leo Barry has a breadth of experience that makes him attractive: LL.M. at Yale, practice in St. John’s, professor at Dal Law School in the 1970s, chair of the provincial Labour Relations Board, MLA and cabinet minister, and his French skills are reported to be up to par. His iconoclastic record of having run for the leadership of both the provincial Conservatives and the Liberals at different times, however, probably nixes his chances in Ottawa. [Barry actually led the provincial Liberals, during their mid-80s wilderness period. - DJP]

Derek Green has had a McLachlinesque career, starting on the Trial Division, being promoted to the Court of Appeal, and then going back to the Trial Division as Chief Justice. A Rhodes Scholar with no obvious prior political connections, Chief Justice Green conducted a sensitive inquiry last year into the alleged misuse of MLA expense accounts.

Michael Harrington’s name comes up frequently. He was appointed to the Trial Division last year by the Harper government so he is a known quantity. He has a very high reputation among Newfoundland lawyers but whether he has the royal jelly for a Supreme Court appointment is less clear, and his French skills are unknown.

There are some capable women candidates on the Newfoundland courts, including Gail Welch, appointed to the Trial Division in 1999 and recently elevated to the Court of Appeal, but something tells me that Stephen Harper is not the man to give the Supreme Court of Canada a female majority. The opportunity to ameliorate the gender gap in his support must be tempting, but the chance of alienating his own core voters is probably too high to risk it.

(Yep, Girard has we Tory core voters pegged. "He appointed another fe-male to the Supreme Court? Screw that, I'm votin' Christian Heritage Party next time.")

I think Wells has a better shot than Professor Girard believes. He might have been a Liberal, but that doesn't mean he was ever a liberal. The potential reaction in Quebec, considering Wells's famed opposition to the Meech Lake Accord, might be the biggest strike against him.

Damian P.

Posted by damian at April 23, 2008 11:19 AM