Jody Wilson-Raybould recommended in 2017 that Prime Minister Justin Trudeau nominate a conservative Manitoba judge to be chief justice of the Supreme Court, even though he wasn't a sitting member of the top court and had been a vocal critic of its activism on Charter of Rights issues, The Canadian Press has learned.
Well-placed sources say the former justice minister's choice for chief justice was a moment of "significant disagreement" with Trudeau, who has touted the Liberals as "the party of the charter" and whose late father, Pierre Trudeau, spearheaded the drive to enshrine the Charter of Rights and Freedoms in the Constitution in 1982.
Wilson-Raybould has said she believes she was moved to Veterans Affairs as punishment for refusing to intervene to stop a criminal prosecution of the Montreal engineering giant on bribery charges related to contracts in Libya. Trudeau has denied the SNC matter had anything to do with the decision. Trudeau created an independent, non-partisan advisory board, headed by former Conservative prime minister Kim Campbell, to identify qualified candidates to fill the western/northern vacancy and submit a short list of three to five names for consideration.
Wilson-Raybould's pick puzzled Trudeau but he became disturbed after doing some research into Joyal's views on the charter, the sources said. The charter, Joyal argued, was the result of a compromise between Pierre Trudeau and premiers, most of whom had originally opposed inclusion of a charter in the Constitution. The compromise was intended to maintain a balance between the judiciary and the legislative branch of government, with provisions allowing governments to limit or override rights altogether in some circumstances.
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