Russell Brown resigned two weeks ago after the Canadian Judicial Council informed him of its decision to order a public inquiry into allegations he drunkenly harassed women at an Arizona hotel in January
because of his bilingualism requirement, combined with the politics of regionalism.
Mr. Trudeau describes himself as pro-Charter of Rights and Freedoms and an advocate of greater ethnic and racial diversity on the Supreme Court. “It restricts the number of candidates, there’s no doubt about it,” said Gerard Kennedy, a law professor at the University of Manitoba, stressing that he was not giving an opinion on the bilingualism policy itself.Mr. Brown was from the West – specifically Alberta, where he had been a law professor and judge. So his successor must also be from the West. Mr. Trudeau also includes the North, which has never had a judge on the Supreme Court, as an option.
Federal Court Justice Paul Favel, who is Indigenous, is a strong judge from Saskatoon. He hears cases in English but is currently enrolled in French-language training, the Federal Court confirmed. Saskatchewan’s appeal court has no full-time judges who are functionally bilingual, a court spokeswoman said.
Justice Marchand is a member of the Okanagan Indian Band, and his story is an intriguing one. His father, Leonard Sr., was named by Mr. Trudeau’s father, Pierre, as the first Indigenous federal cabinet member. The Liberals appointed Justice Marchand to the appeal court two years ago. In Manitoba, three appellate judges are able to hear cases in French, a court spokeswoman said. One of those is the province’s Chief Justice, Marianne Rivoalen, who just took up that post on June 1. Chief Justice Glenn Joyal of the province’s Court of King’s Bench speaks French as his first language but was passed over for the appeal-court leadership post.
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