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Irwin Cotler, MP

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Question on the Order Paper – Upcoming Supreme Court Appointment

Posted on October 8, 2014

Prof. Cotler has submitted the following Question on the Order Paper about the upcoming Supreme Court Appointment. The Government has 45 days to respond.

Q-7422 — October 7, 2014 — Mr. Cotler (Mount Royal) — With regard to the process for filling the vacancy on the Supreme Court of Canada that will be created by the retirement of Justice Louis Lebel: (a) when did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (b) how did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (c) what steps has the government taken to find a replacement for Justice Lebel; (d) when were each of the steps in (c) taken; (e) what individuals, agencies, organizations, or other governments has the government consulted with regard to developing a process to find Justice Lebel’s replacement; (f) what individuals, agencies, organizations, or other governments has the government consulted with regard to choosing Justice Lebel’s replacement; (g) when did the consultations in (e) occur; (h) when did the consultations in (f) occur; (i) what individuals, agencies, organizations, or other governments will the government consult with regard to developing a process to find Justice Lebel’s replacement; (j) what individuals, agencies, organizations, or other governments will the government consult with regard to choosing Justice Lebel’s replacement; (k) when will the consultations in (i) occur; (l) when will the consultations in (j) occur; (m) what date has the government set by which Justice Lebel’s replacement must be nominated; (n) what date has the government set by which Justice Lebel’s replacement must be appointed; (o) by what date does the government intend to nominate Justice Lebel’s replacement; (p) by what date does the government intend to appoint Justice Lebel’s replacement; (q) when were the dates in (m) to (p) set; (r) who set the dates in (m) to (p); (s) based on what factors were the dates in (m) to (p) set; (t) if no dates have been set regarding the nomination or appointment of Justice Lebel’s replacement, why have no dates been set; (u) has the government examined the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (v) what are the results of the examination in (u); (w) when did the examination in (u) begin; (x) when did the examination in (u) end; (y) who carried out the examination in (u); (z) if the government has not carried out the examination in (u), why has it not done so; (aa) will the government examine the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (bb) if the government will not carry out the examination in (aa), why will it not do so; (cc) based on what criteria has the government evaluated candidates to replace Justice Lebel, or, if no evaluations have occurred thus far, based on what criteria will the government evaluate candidates to replace Justice Lebel; (dd) how do the criteria in (cc) differ from those used to evaluate candidates in the appointment processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (ee) what materials have been sought from the candidates to replace Justice Lebel; (ff) what materials will be sought from the candidates to replace Justice Lebel; (gg) how do the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (hh) if the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of Justices Wagner, Nadon, and Gascon, (i) why were changes made, (ii) who decided to make these changes, (iii) when was that decision made; (ii) when did the “reconsideration” of the appointment process referred to in the government’s response to Q-543 begin; (jj) who made the decision to reconsider the Supreme Court appointment process; (kk) on what date was the decision in (jj) made; (ll) what has the reconsideration of the Supreme Court appointment process entailed; (mm) who has been involved in the reconsideration of the Supreme Court appointment process; (nn) what has been the role of each of the individuals in (mm) in the reconsideration of the Supreme Court appointment process; (oo) what individuals, agencies, organizations, or other governments have been consulted as part of the reconsideration of the Supreme Court appointment process; (pp) were parliamentarians consulted as part of the reconsideration process, and if so, whom; (qq) what meetings have occurred as part of the reconsideration of the Supreme Court appointment process, (i) on what dates, (ii) with whom present, (iii) with what goals, (iv) with what outcomes; (rr) what documents, memos, briefing notes, or other materials have been created as part of the reconsideration of the Supreme Court appointment process; (ss) what are the dates of creation and file or reference numbers of the materials in (rr); (tt) who developed the materials in (rr); (uu) to whom have the materials in (rr) been distributed; (vv) what research, reports, books, articles, or other reference materials has the government consulted as part of the reconsideration of the Supreme Court appointment process; (ww) what are the objectives of the reconsideration of the Supreme Court appointment process; (xx) when did the reconsideration of the Supreme Court appointment process end, or if it is ongoing, when does the government intend to end it; (yy) if the reconsideration of the Supreme Court appointment process is ongoing, (i) what will the remainder of the reconsideration entail, (ii) who will be involved in the remainder of the reconisderation, (iii) what will be the role of each of the individuals, agencies, organizations, and governments involved, (iv) when will parliamentarians be consulted, (v) in what way will parliamentarians be consulted; (zz) when did the government last engage in a reconsideration of the Supreme Court appointment process; (aaa) in what way is the current reconsideration similar to or different from the last reconsideration; (bbb) what are the results of the reconsideration of the Supreme Court appointment process; (ccc) when will the results of the reconsideration of the Supreme Court appointment process be made public; (ddd) what has been the cost of the reconsideration of the Supreme Court appointment process; (eee) what is the breakdown of the cost of the reconsideration of the Supreme Court appointment process thus far; (fff) if the reconsideration is ongoing, (i) what will be the total cost of the reconsideration, (ii) what is the breakdown of the cost; (ggg) what process has been or will be used to evaluate candidates and make an appointment to replace Justice Lebel; (hhh) in what way have parliamentarians been involved, or in what way will they be involved, in the process to replace Justice Lebel; (iii) what goals have been served by parliamentary involvement in previous Supreme Court appointment processes; (jjj) how will the goals in (iii) be served in the process to replace Justice Lebel; (kkk) in what way have members of the legal community been involved, or in what way will they be involved, in the process to replace Justice Lebel; (lll) other than parliamentarians and members of the legal community, who has been or will be involved in the process to replace Justice Lebel, and in what way; (mmm) what steps has the government taken, or what steps will the government take, to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (nnn) who has carried out, or who will carry out, the legal analysis to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (ooo) when was the legal analysis in (nnn) carried out; (ppp) what has been the cost of the analysis in (nnn); (qqq) what is the breakdown of the cost of the analysis in (nnn); (rrr) what has been, or what will be, the cost of the process to replace Justice Lebel; (sss) what is the breakdown of the cost in (rrr); (ttt) in what way will the process to replace Justice Lebel be (i) transparent, (ii) accountable, (iii) inclusive; and (uuu) will the process used for the appointment of Justice Lebel’s replacement be used for future appointments?

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