Mr. Speaker, the Department of Justice sought outside advice from former Supreme Court justices on the eligibility requirements of a Federal Court judge to the Supreme Court of Canada.
The legal advice was reviewed and supported by another former Supreme Court justice as well as by leading constitutional scholar Peter Hogg, and this was made public.
None of these legal experts saw any merit to the position eventually taken by the Supreme Court of Canada, and their views were similar to the dissenting decision of Mr. Justice Moldaver.