The witness need not answer the question.Canada has made legal history. I am talking about the recent examination of Justice Marshall Justice Marshall:
The committee actually had no power to stop the nomination. Nor did Justice Rothstein have to answer any questions which he found disagreeable dis·a·gree·a·ble adj. 1. Not to one's liking; unpleasant or offensive. 2. Having a quarrelsome, bad-tempered manner. dis . This was hardly a rigorous job interview. It is not surprising of course that Rothstein J. passed the three hour exam with flying colours flying colours Noun, pl conspicuous success; triumph: they passed with flying colours Noun 1. . Oh sure there were some heavy questions relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the extent that a judge should invoke his or her sense of social justice in interpreting the law but it did not get much tougher than that. Was the whole process a complete waste of time? Under the circumstances I think the committee should have gone full circle and just welcome Rothstein J. as a guest with the simplest user friendly questions. I would have liked to see the hearing go like this: Minister of Justice: Committee members, let the questioning begin. Please be brief. Committee member A: Justice Rothstein, what month follows January? Rothstein J: February, I would say Comm See comms. A: And sir, what holiday falls in February; on February 14th actually. Rothstein J: Valentine's Day Valentine's Day: see Saint Valentine's Day. Valentine's Day Lovers' holiday celebrated on February 14, the feast day of St. Valentine, one of two 3rd-century Roman martyrs of the same name. St. . Any judge knows that. Comm B: I have a question. Sir, what do you do when it rains? Rothstein J: I usually walk with an umbrella. Minister of Justice: Did you all hear that? Any more questions about His Lordship's qualifications for the Supreme Court of Canada The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1] ? Comm C: I have one. What is your favourite ice cream flavour sir? Rothstein J: Do I have to answer this one? Minister of Justice: Not if you don't want to Your Lordship lord·ship n. 1. often Lordship Used with Your, His, or Their as a title and form of address for a man or men holding the rank of lord. 2. The position or authority of a lord. 3. . Rothstein J: OK, what the heck. It's Baskin Robbins Jamoca Almond Fudge; in a sugar cone. Comm A: Sounds good to us Justice Rothstein. Minister of Justice: I think we are all satisfied that the nominee is suitable. There are no more questions are there? This type of hearing in future would save the taxpayer loads of money in set up and preparation time, maintain the judicial independence of judges, and still prove to the electorate that the government is properly vetting the candidates. Marcel Strigberger is a lawyer in Toronto, Ontario and co-producer of LegalHumour.com. This article first appeared in the March 8, 2006 edition of Legal Humeur News and is reprinted with permission. |
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