Harper nominates Thomas Cromwell for vacant Supreme Court post
Published Friday September 5th, 2008
OTTAWA - Prime Minister Stephen Harper has nominated Nova Scotia appeal judge Thomas Cromwell to sit on the Supreme Court of Canada.
The Friday announcement - which bypasses an all-party selection committee just two days ahead of an election call - will fill the vacancy created by the resignation of Justice Michel Bastarache.
Cromwell, 56, is a fluently bilingual judge who was touted for the high court job for months. He is highly regarded for the quality of his judgments and served as an aide to Antonio Lamer when he was chief justice of the Supreme Court.
Cromwell was named to the Nova Scotia Court of Appeal in 1997 by former prime minister Jean Chretien. It was a direct appointment; he never sat on a lower bench.
"Thomas Cromwell's candidacy was highly recommended by judges, lawyers and other Atlantic Canadians," Harper said in a statement "He is well qualified to serve on the country's highest court."
The Acadian community was a strong supporter of Cromwell's candidacy.
The Federation des communautes francophones et acadienne, which had urged the appointment of a bilingual justice, said it was pleased with the decision.
"The information we have on Justice Cromwell tells us that he is not only bilingual, but also renowned for his skills and competence," said federation president Lise Routhier-Boudreau.
"The prime minister and the minister of justice made a judicious choice, and it sends a clear message as to the importance of bilingualism as an essential skill for judges on Canada's highest court."
The federation promotes the interests of francophones outside Quebec.
Justice Minister Rob Nicholson said Cromwell is a strong choice.
"He exhibits the highest level of proficiency in the law, superior analytical and written skills, as well as the qualities of decisiveness and sound judgement," the minister said.
"In addition he is fully bilingual, which our government has recognized is an important asset for the Supreme Court."
The announcement suspends the work of Parliament's Supreme Court selection panel, made up of two MPs from the government and one from each of the opposition parties. It was established last spring and was to provide Harper with a short list of three candidates.
However, in side-stepping the group, Harper said it hadn't been working.
New Democrat MP Joe Comartin, a member of the panel, disputed that, saying there was no reason to kill the process, which could have resumed after the election.
"We have a prime minister and a justice minister playing politics with Supreme Court appointments," he said. "It shouldn't happen."
Comartin added, however, that Cromwell is eminently qualified for the job.
Nicolson said he was disappointed by the selection panel.
"Last month they didn't get anything done because the opposition had objections to the composition of the committee," he said.
"And this month, a couple days of teleconferences had to be cancelled because no members of the opposition were available. So we're moving forward on this."
The opposition MPs complained that the two government MPs were cabinet members and wanted them changed.
Cromwell will still face an ad hoc, all-party committee of the House of Commons before his appointment is official. The committee scrutiny process was first used when Marshall Rothstein was named to the Supreme Court in 2006.
"I am looking forward to watching the ad hoc committee's work and listening to Mr. Cromwell's answers," Harper said.
With an election to be called on Sunday for Oct. 14, Cromwell's formal appointment will be delayed until the Commons reassembles after the vote and he will likely miss much, if not all, of the high court's fall session.
Cromwell was born in Kingston, Ont., and educated at Queen's University and Oxford.
He was called to the Ontario bar in 1979 and later moved to Nova Scotia.
He alternated stints in private practice with teaching at Queen's and Dalhousie University and work with a number of labour tribunals.
He is a former president of the Canadian Institute for the Administration of Justice and a former president of the Canadian Association of Law Teachers.
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