How dumb is MacKay..... so dumb he has to be schooled by an Independent Conservative

The Attorney General Owns This Mess

The responsibility for the unprecedented and increasingly personal imbroglio between the government and the Supreme Court of Canada lies largely, but not exclusively, at the feet of Peter McKay.  In his role of Attorney General of Canada, he is the titular head of, and responsible for, the federal Department of Justice.

However, he either does not understand or has been misadvised concerning some very essential concepts:  Three seats on the Supreme Court of Canada are reserved for Quebec advocates or jurists and Justices from the Federal Court or the Federal Court of Appeal are ineligible.  Based on the answers he has been giving in the House of Commons, it is clear the McKay does not understand the significance of the distinction.  He prefers to continue to criticize the Supreme Court’s Judgment in “Nadon” and cite the three expensive legal opinions he commissioned to support his judicially incorrect position.

Quebec Civil Law is premised on the Civil Code and not English Common Law.  But what appears to be lost on the Minister is that the Federal Court is not a court of general jurisdiction. It has specific jurisdiction to hear judicial review cases of federal boards and tribunals.  It has jurisdiction over immigration appeals, maritime law, intellectual property and all litigation and all matters where the federal government is a litigant.

Accordingly, it does not hear tort or contract interpretation cases originating in Quebec.  Accordingly, its justices are not deemed civil code jurists and therefore they are ineligible to occupy a seat reserved for Quebec on the High Court.

The other thing the AG does not appear to understand, or has conveniently forgotten, is that there is nothing inappropriate about communication between the head of the executive and the head of the judiciary, provided that he communication does not involve a case at bar (before the Court).

The Canadian Judicial Council, the Canadian Bar Society, Former Justice Minister Irwin Cotler, retired Supreme Court Justice Jack Major and U of Ottawa Law Dean, Adam Dodek all confirm the lack of impropriety.  This is especially so given that the Chief Justice was consulted by the Parliamentary Committee vetting potential candidates.

http://brentrathgeber.ca/the-attorney-general-owns-this-mess/