Harper Criticized by International Jurists for Mistreating Justice McLachlin

This article was last updated on April 16, 2022

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A renowned international panel of jurists, The International Commission of Jurists, has strongly criticized Canadian Prime Minister Stephen Harper for allegedly interfering in the “independence” and “integrity” of Canada’s judiciary by deceptively alleging that the Supreme Court of Canada Chief Justice, Beverley McLachlin, acted inappropriately. The Geneva-based group of lawyers, judges and academics gave their remarks in response to a letter by Manitoba law professor asking them to investigate the spat that became a political storm in May.

Mr. Harper had publicly claimed that McLachlin acted improperly by trying to lobby him on his eventual nomination of Federal Court of Appeal Judge Marc Nadon, from Quebec, to the Supreme Court of Canada. The group concluded its findings in a letter addressed to University of Manitoba associate professor, Gerald Heckman, who represented a group of Canadian lawyers and academics seeking the international review. It was stated that “the ICJ considers that the criticism (by Harper and MacKay) was not well-founded and amounted to an encroachment upon the independence of the judiciary and integrity of the Chief Justice.”

Furthermore, the letter said that “even if the Prime Minister and Minister of Justice were of a different view, in the circumstances, the ICJ sees no necessity for them to have aired their opinions on this matter several months after the fact, in public and in a manner that impugned the propriety of the Chief Justice’s actions.” It added that “such public criticism could only have a negative impact on public confidence in the judicial system and in the moral authority and integrity of the judiciary, and thereby on the independence of the judiciary in Canada.”