The Supreme Court of Canada
October 20, 2011 by staff
The Supreme Court of Canada, One of the new candidates for the Supreme Court of Canada declared that judges need to think carefully before opening the nation’s laws or creating new ones – a message likely to resonate with conservatives who have complained of high Court is too activist.
Judge Michael Moldave commented on Wednesday to a special committee of MPs to review your application and peer nominated Andromache Karakatsanis.
“Under the rule of law is not our function to create the laws, nor do we have the right to direct government policy. Under the Constitution, we have been given the authority to determine the legality of laws passed by the Parliament and the legislatures, “said Moldova, a former judge of the Ontario Court of Appeal.
“In fulfilling this role, we must never lose sight of the fact that we are asked to repeal laws that had been approved by a majority of democratically elected parliamentarians. The need for caution and restraint in these circumstances it is clear, but the consequences of our decisions should not prevent us from acting without fear, according to the mandate given to us. ”
Prime Minister Stephen Harper announced a new pair of nominations on Monday. Almost immediately, there was a controversy over the Vltava inability to speak French.
Conservatives, Liberals and NDP had each member of a group that came up with a short list of candidates was approved unanimously and sent to Harper. However, the NDP has been critical of the candidacy of Moldova, saying that the Supreme Court must be bilingual in order to better serve French-speaking Canadians who appear before them.
Moldovan addressed the issues almost immediately in his opening remarks, first joked that his younger brother, a bilingual school teacher will help.
“I feel I have a limited ability in French. That said, I have the utmost respect for the French language, French culture, including the Civil Code tradition, Quebec and other French-speaking Canadians,” reads French worked in Moldova . “If my application is approved, I will do my utmost in the coming years to become more proficient in French.”
Joe Comartin New Democrat MP said Moldave asked questions about their inability to speak French. He noted that the same problems that arose when Justice Marshall Rothstein was appointed to the Court in 2006.
“I heard the same commitment to him and we all know it was five, five and a half years, and Mr. Justice Rothstein is not yet able to conduct hearings in French.”
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