The government announced their new pick for the Supreme Court of Canada, and lo and behold, it’s Justice Malcolm Rowe of the Newfoundland & Labrador Court of Appeal. It’s a little unexpected considering what they were signalling in terms of looking for more diversity on the bench, but they managed to find a bilingual justice in Newfoundland & Labrador, and they get to pat themselves on the back for making the first appointment to the top court from that province, so they’ve made history! Also, they’ve respected the constitutional convention around the regional composition of the court, and for that, the Conservatives have declared victory – because it was totally their non-binding supply day motion that forced the government’s hand! (Also, appointment panel head Kim Campbell seemed pleased that this was the choice from the short list that they submitted).

The very best official opposition tactic: declare victory with decisions that almost certainly had nothing to do with their criticism. pic.twitter.com/RkVYo1q80a

— Dale Smith (@journo_dale) October 17, 2016

Smiling to think of joy in Newfoundland & Labrador over Justice Malcolm Rowe's appointment to the Supreme Court of Canada! Congratulations!

— Kim Campbell (@AKimCampbell) October 17, 2016

So Atlantic Canada is happy, and the government is making a big deal out of its new process including transparency by publishing the application form that Rowe submitted with his answers to a number of questions around his thoughts on significant decisions that he has been a part of, and his thoughts on the role of the judiciary in the legal system, which is unprecedented. As well, next week both the justice minister and Campbell will face a parliamentary committee to explain their choice (thus preserving the committee role of holding cabinet to account), to be followed by a Q&A session with Rowe to be led by a law professor with both MPs and Senators asking the questions. So transparency without devolving into an American-style “confirmation” process. At this rate, Rowe should be on the top court by early November, which means he’ll have missed about half of the fall session of the court (which isn’t as bad as the vacancy issue caused by the Nadon appointment where the court sat 8 in a number of cases). Of course, Rowe’s answers are already provoking some criticism, though it’s not necessarily shared by all members of the legal community. (Incidentally, you can see Carissima Mathen’s Power Play interview on the appointment here).

https://twitter.com/cmathen/status/788201168585560064

So what of the signals the government was sending that they wanted an Indigenous judge, preferably a woman? Well I do think reality did set in when they faced pressure from their Atlantic caucus and the premiers to ensure that the seat remained an Atlantic one. It may well have been them floating a trial balloon about abandoning the convention, but it may also have been a warning. There are two more seats opening up in the next few years (barring deaths or retirements), being Chief Justice Beverley McLachlin (a Western seat) and Justice Rosalie Abella (an Ontario seat), and in both of those cases, the government is saying to the legal community that there had damn well better be some more diverse, bilingual candidates ready to fill those seats when the time comes – something that was more difficult to find in Atlantic Canada owing to their demographics. We’ll see in the next few years, of course, but I think the warning has been delivered.

Good reads:

• The government has accumulated a backlog of some 300 vacant positions that need appointments. Changing the appointment system hasn’t helped the problem.
• Jane Philpott is talking tough with the provinces, and apparently isn’t having any of their demands for more money without any accountability for how it is spent.
• The government remains cautiously optimistic about ratification of CETA despite continued resistance by Wallonia in Belgium.
• That same Canadian company selling armoured vehicles to places like Libya has also sold them to gang leaders in Canada.
• Here’s a look at how the new mortgage rules coming into effect could affect the “shadow banking” sector, for good or ill.
• Here’s a look at how Canada is not immune to far-right extremist groups.
• Maxime Bernier announced his healthcare plan of abolishing transfers and opening up tax room for the provinces. Yeah, that’ll go over well.
• Jenni Byrne says that while she’s good friends with Erin O’Toole, she’s not involved in his leadership campaign.
• VICE looks deeper into Kellie Leitch’s campaign.
• Andrew Saxton and another BC businessman, Rick Peterson plan to announce Conservative leadership bids. Seriously?
• A few NDP MPs may start putting their names in for the leadership by year-end.
• Steve Paikin wonders about the federal NDP’s own existential crisis.
• Kent Roach and Craig Forcese look at the Green Paper on national security and point to the drafting flaws of the former Bill C-51.
• Philippe Lagassé reminds us why Parliament should scrutinise but not have a say in military deployments.
• Andrew Coyne sounds a few cautions on CPP expansion given their investment board’s record to date.

Odds and ends:

It looks like there will be more “expert testimony” for the electoral reform committee when they return to Ottawa.

I remain unclear on what this opposition “task force” on softwood lumber is supposed to accomplish. #cdnpoli pic.twitter.com/gstP5BZQUl

— Dale Smith (@journo_dale) October 17, 2016