Canada must modernize the rules for appointing Supreme Court justices, including eliminating the bilingual requirement and adjusting regional representation, according to George Brookman.
Bilingual requirement limits talent pool
The recent appointment of Manitoba Chief Justice Glenn D. Joyal to the Supreme Court is widely praised, but the process itself needs reform. The bilingual requirement unfairly eliminates outstanding lawyers who speak only French or English, Brookman argues. Translation technology now makes language proficiency less critical, as devices can instantly translate any language and enable conversations between speakers of different tongues.
This requirement narrows the field to candidates from Quebec, rather than the Prairies or other regions, which plays into the hands of separatists, Brookman writes. He notes that courts already use digital documents and computers, yet the bilingual mandate persists.
Regional representation outdated
Current distribution gives Quebec three judges by law, Ontario three by tradition, the Prairies two, and the Maritimes one. With the Prairie provinces approaching 14 million in population, closing the gap with Ontario and Quebec, this allocation is outdated. Brookman proposes adding one judge from the Prairies, and if that creates an even number, give the Prairies three and the Maritimes two. A goal of equal distribution and elimination of the bilingual requirement are simple and relevant reforms.
