Fact Sheet

June 2008

The current Supreme Court vacancy is the result of the resignation of the Honourable Mr. Justice Michel Bastarache, who represented the Atlantic region.

Candidates for the next Supreme Court Justice

To identify a list of qualified candidates, the Minister of Justice and Attorney General of Canada will consult with the Attorneys General (AGs) of the Atlantic provinces, as well as key members of the legal community. 

Members of the public are also invited to submit their input with respect to candidates who merit consideration at www.justice.gc.ca/eng/scc-csc.html.

There is no set limit as to how many candidates will be considered. However, due to the qualifications needed to be appointed as a Supreme Court Justice, numbers will be limited.  The goal is to find the most meritorious individual for the position, and bilingualism is an important consideration in determining the merit of each candidate.

Selection Process

Once a pool of candidates has been created, a Supreme Court Selection Panel (see description of this panel below) will assess the candidates the merits of the candidates.  This includes confidential consultations with the candidates, as well as an analysis of the candidates’ past achievements. 

Once the assessment is complete, the Panel will provide a short list of three qualified candidates to the Prime Minister of Canada and the Minister of Justice. The authority to make Supreme Court appointments rests with the Prime Minister who makes a recommendation to the Governor in Council.

The candidates will then appear in front of a televised ad hoc parliamentary committee that will interview the nominee. This step serves to enhance public knowledge of, and confidence in the new judge as well as the Supreme Court itself.

The Supreme Court Selection Panel

The Supreme Court Selection Panel will be made up of five Members of Parliament – including two Members from the Government Caucus and one Member from each of the recognized Opposition Caucuses, as selected by their respective leaders.

The input of a broad representation of Parliamentarians as part of the selection process is important, as these individuals represent the people of Canada. Empowering parliamentarians early in the process also helps promote greater transparency in the selection process for the Supreme Court of Canada.