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May 23, 2014

PM owes chief justice an apology

Geoffrey Stevens

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You might think that anyone who has spent many years observing politicians would not be surprised by anything they do or say. But you would be wrong.

Never — not since my first days in the Parliamentary Press Gallery in 1965 — have I encountered anything quite as appalling as Prime Minister Stephen Harper's attack on Chief Justice Beverley McLachlin of the Supreme Court of Canada.

Everyone knows that this prime minister plays by his own hardball rules. He insists on winning. He has a mean streak, a vindictive side, when he does not get his own way.

He does not hesitate to throw people under the bus, as he did to his former chief of staff, Nigel Wright, whose only sin was an excessive loyalty that led him to try to extricate the PM from the Senate expenses scandal. Harper also did the bus thing to once-loyal Conservative senators Mike Duffy and Pam Wallin.

These three, and there are others (Dimitri Soudas comes to mind), were political appointees. They accepted the prime minister's favour, surely knowing that his favour might not last. Harper made them, and it was his prerogative to unmake them. It's not nice; it's not pretty, but it's within the rules of the political game.

But it is not within the rules for the prime minister to act like a schoolyard bully, by using the platform of his office to beat up public servants, of whom the chief justice is the most recent. Unlike Wright, Duffy, Wallin and Soudas, these public servants are not part of the political power complex that surrounds the PM. They are public servants in the true sense of the term. They serve all Canadians, regardless of who happens to be in power. And they cannot defend themselves from partisan attack the way political appointees can.

These victims include the former head of the Canadian Nuclear Safety Commission; chief statistician; parliamentary budget officer; head of the Military Police Complaints Commission; chief electoral officer; and former auditor general Sheila Fraser. Last week, Harper expanded his enemies' list to include the chief justice and, by extension, the entire Supreme Court of Canada, a majority of whose members he himself appointed.

That Harper is furious with the court is no secret. In a series of high-profile decisions, the court has ruled that the government must abide by its own laws and by the Constitution of Canada, whether the issue is a package of tough-on-crime measures or reform of the Senate. Parliament has the option of enacting new laws or amending the Constitution. Until it does so, the government must live with what it has.

Chief Justice McLachlin stands accused, spuriously, by the prime minister of attempting to interfere in a case before the court. The issue was the nomination of Federal Court Justice Marc Nadon to fill a Quebec vacancy on the Supreme Court. In the normal course, a parliamentary committee that was screening a short list of candidates asked McLachlin about the needs of her court.

There are special constitutional rules for the selection of judges from Quebec, and McLachlin knew that judges of the Federal Court did not come within the rules. She felt compelled to alert her political "boss," Justice Minister Peter MacKay. MacKay, who may or may not have understood her alert, told her to call the prime minister, which she decided not to do.

Yet Harper accuses her of trying to influence him in a case that was before the court. If the allegation were true, she might have to resign as chief justice. But it's not true. This all transpired months before Harper selected Nadon and even longer before there was any challenge to his appointment. Eventually, a challenge did make its way to the Supreme Court, which ruled 6-1 that Nadon was ineligible.

The prime minister owes the chief justice a profuse apology for impugning her integrity. But she should not hold her breath waiting for it.

Cambridge resident Geoffrey Stevens, an author and former Ottawa columnist and managing editor of the Globe and Mail, teaches political science at Wilfrid Laurier University and the University of Guelph. He welcomes comments at

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