The power to appoint judges

On Insite, the cruellest blow against the feds’ case came from one of the PM’s own appointees


On May 13, Mr. Justice Ian Binnie and Mme. Justice Louise Charron announced they’ll retire from the Supreme Court of Canada this summer. Their replacements will be Stephen Harper’s third and fourth appointments to the top court, but the first two he’ll make as head of a majority government. By the next election, Harper will have named at least five of the court’s nine justices, maybe more.

The day before Binnie and Charron announced their retirements, quite by coincidence I spent half a day attending the top court’s hearings. The Supremes were hearing arguments about Insite, the Vancouver clinic where drug addicts use their street-bought heroin and other substances under medical supervision.

The case illustrated why a prime minister takes a keen interest in his power to appoint judges to the Supreme Court. But it also showed that the power to put a judge on the court isn’t a magic wand. When the final Insite decision comes down, don’t expect much of a rift between Harper’s appointees and the majority who were there before he came along.

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