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Lecture 5

POL 151 Lecture 5: POL 151-Lecture 5
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2 Pages
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Department
Political Science
Course Code
POL 151
Professor
Clare

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Description
POL 151 Lecture 5 Sheilah Martin, new appointee to SCC, Nov 2017 Trudeau appointed her because of her experience and her expertise Her appointment came with backlash because many people assumed that a visible minority or and an Indigenous candidate would be chosen Trudeau (establishment perspective): looked at the experience she had as an appeals court judges and her academic work Perry Bellegarde, Chief of the Assembly of First Nations: looked at the broader picture and claimed there needs to be Indigenous representation on the bench How does Canada select judges? S. 92 Courts Judges appointed by provincialAttorneyGeneral Minister for Justice Varies by province: move towards armslength nominating committees S. 96 Courts Provincial screening committees, appointed by Minister of Justice; nonlegal majority, rep from police S. 101 CourtsAppointment by Prime Minister (SCC) or Minister of Justice (others. 101 courts) SCC: Nominating committee, headed by former Conservative PM shortlist SCC: Minister of Justice answers Qs from parliamentary cttee Candidate answers Qs from some MPs and Senators Criteria: jurist of the highest caliber, bilingualism, diversity Judicial Selection and other debates about the legal system Debates between branches of gvt: an adjudicative, policymaking or problem solving model of courts? Debates between levels of gvt: are judges there to represent their province? The Nations of Canada and expertise in systems of law: Indigenous legal systems, Civil law system, Common law system Diversity: which groups should be represented? US Case: Elected Judges
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