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Old 11-19-2020, 08:09 PM   #6579
jayswin
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Quote:
Originally Posted by MBates View Post
Sorry, at risk of a bit of a derail, I have to disagree here.

First, it is superficial to say there is a committee and its got independent people on it so we are in great shape. At the end of the day the appointments are made by cabinet.

The politicization of judicial appointments is a live controversy in Canada:

Liberals under fire for partisan involvement in judicial appointments

https://www.theglobeandmail.com/poli...l-appointment/



I mean a sitting judge just got rebuked for inappropriate involvement in influencing new appointments together with her MP husband:

https://www.theglobeandmail.com/cana...t-on-judicial/

Second, your statement that the Provincial Court doesn't make significant decisions is wrong in my view.

The vast majority of criminal prosecutions are run in the Provincial Court. As such, massive amounts of Charter litigation occurs there. In fact, people are often amazed to learn how many of their rights are argued by underfunded lawyers being paid by legal aid making arguments on behalf of alleged and actual criminals.

Of course the trial court is subject to federally appointed appeal courts, yes, but the standard of review is such that if you can win factual arguments in support of your legal argument, the appeal courts may have no choice but to affirm the discretionary decisions of the trial judge.

There is also huge discretion in criminal sentencing which I assure you the public cares about.

As to whether there would be an electoral response to a major slate of apparently partisan UCP judicial appointees? Can we be sure it wouldn't be a majority positive response? Is it inconceivable we may get a chance to see?

Alberta purges judicial vetting committee for former Tory cabinet ministers, political supporters

https://www.cbc.ca/news/canada/edmon...ourt-1.5605547



Back to my first point. Don't like the make-up of the committee that vets nominations? Delete them all and then go recruit people who didn't apply but who you want to be on the committee for some specific reason...

I am not impugning anyone currently on the committee, but rather, pointing out that our system is arguably just as vulnerable if someone wanting to take a Trump-like approach comes along.

Anyway, to tie this back to the topic, elections have consequences and we should not miss out on the lessons that are being learned in the US right now. Democratic institutions can be dismantled very quickly by someone who just decides not to follow established norms and protocols.
Quote:
Originally Posted by CorsiHockeyLeague View Post
In some cases you seem to like arguing for the sake of it, which, fine, but come on. .

I think MBates could be described as anything but arguing for the sake of arguing on CP. His contribution has been absolutely incredible for the board. I'm so happy he's decided to give his legal input here, he's been by far one of our greatest contributors, imo.

Last edited by jayswin; 11-19-2020 at 08:15 PM.
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