Irwin Cotler on Questions Passed as Orders for Returns

With regard to the appointment to the Supreme Court of Justice Marc Nadon, and the information provided to MPs on the ad hoc committee and available on the website of the Office of the Commissioner for Federal Judicial Affairs Canada which notes that “Each candidate was asked to identify five decisions for particular consideration by the Panel, preferably dealing with issues coming within the usual scope of the Supreme Court of Canada […] As far as possible, the choice of five decisions was to reflect at least one of each of the following areas of law: constitutional law (Charter or federalism), criminal law (or national security), civil law, administrative law, and the candidates’ choice”: (a) how was this list of areas of law developed; (b) who determined which areas of law to be included; (c) by what criteria were the areas of law determined; (d) how were these areas identified; (e) how were areas of knowledge important to the court identified and assessed; (f) in what ways was the particular legal expertise of the departing justice assessed; (g) what impact does the particular legal expertise of the departing justice have on the development of the areas of law sought; (h) how was five determined to be the appropriate number of cases; (i) for each of the last eight appointment cycles, broken down by cycle, (i) how many cases were sought from candidates, (ii) which specific areas of law were to be reflected, (iii) what other judicial writings were sought, if any, (iv) what is the equivalent wording to the phrases identified in the question, (v) how were the areas of law determined, (vi) how was the number of cases determined, (vii) how long were candidates given to provide cases and materials, (viii) were candidates given a choice between Charter or federalism within the area of constitutional law, (ix) were candidates given a choice between criminal or national security, (x) was national security in any way part of the area list, (xi) were candidates asked for academic or research works, (xii) were candidates allowed to provide academic or research works, (xiii) were candidates asked for speeches, (xiv) were candidates allowed to provide speeches, (xv) in what way were the case exigencies communicated to candidates; (j) what mechanisms exist for ensuring the appropriateness, relevance, and probative value of the materials sought from candidates; (k) what mechanisms or processes exist to ensure a candidate’s choice of cases conforms with the areas of law specified; (l) what restrictions are there on the areas of law for which cases could be sought; (m) what ensures that only cases of types that would be heard by the Supreme Court would be sought from candidates; (n) what ensures that the areas of law specified reflect the workload of the Supreme Court; (o) whose ultimate responsibility is the development of the list of areas of law for which candidates are asked to submit cases; (p) what role exists for Parliament in the determination of this list; (q) what is the role of the Minister of Justice in the determination of the number of cases sought from candidates; (r) what is the role of the Minister of Justice in the determination of the areas of law sought from candidates; (s) what is the role of the Prime Minister in the determination of the number of cases sought from candidates; (t) what is the role of the Prime Minister in the determination of the areas of law sought from candidates; (u) what is the role of the Office of the Commissioner for Federal Judicial Affairs in the determination of the number of cases sought from candidates; (v) what is the role of the Office of the Commissioner for Federal Judicial Affairs in the determination of the areas of law sought from candidates; (w) what is the role of the Office of the Commissioner for Federal Judicial Affairs in the process of ensuring candidates provide the information sought; (x) does the Office of the Commissioner for Federal Judicial Affairs provide advice to the Minister of Justice or the Prime Minister on the information that should be sought from candidates; (y) does the Department of Justice provide advice to the Minister of Justice or the Prime Minister on the information that should be sought from candidates; (z) with whom does the Minister of Justice consult on the information that should be sought from candidates; (aa) with whom does the Prime Minister consult on the information that should be sought from candidates; (bb) with regard to the areas of law identified for the Nadon appointment, (i) how do these differ, if at all, from those identified for the vacancy that resulted in the appointment of Justice Wagner, (ii) with whom did the Minister of Justice consult in identifying these areas of law, (iii) with whom did the Prime Minister consult in identifying these areas of law; (cc) with what other agencies or departments does the Prime Minister’s Office work or consult in developing the list of areas of law; (dd) with what external organizations, individuals or groups did the Prime Minister’s Office work or consult in developing this list of areas of case law to be sought; (ee) how much did the development of this list cost and what is the breakdown for this figure; (ff) how much did the overall appointment process cost and what is the breakdown for this figure; (gg) how much have the previous five appointment cycles cost and what are the breakdowns for these figures; (hh) in what ways is Parliament informed of the number and type of cases being sought from candidates to the Supreme Court; (ii) what requirements are provided to candidates, if any, regarding how recent decisions must be in the areas of laws indicated; (jj) if cases provided are unilingual, whose responsibility is the translation of said judgment and who bears the cost for translation; (kk) for whose benefit are the cases provided; and (ll) who reviews the cases if not a panel of MPs?