| Our courts of Liberal
partisanship National Post Mon 05 Mar 2007 Page: A15 Section: Issues Byline: Lorne Gunter Allan Wachowich, the Chief Justice of Alberta is also, fittingly, one of his province's ablest judges. On the bench for more than 30 years -- the longest tenure of any federal judge in Alberta -- Mr. Justice Wachowich has, since being elevated to associate chief justice in 1993 and Chief Justice in 2001, often assigned himself the court's toughest and most controversial cases. Lawyers with complex cases to argue -- particularly those with a high-finance component -- are often delighted to learn Judge Wachowich will be hearing their case. He has a mind for spread sheets and a decisive personality that keeps intricate cases from bogging down. For example, Judge Wachowich oversaw the liquidation of the $4.3-billion Canadian Commercial Bank, which went under in 1985 and did not finally resolve itself until 2002. During that 17-year period, the judge signed 750 orders on the case and issued 40 written judgements. Thanks to Judge Wachowich's administrative innovations -- increased use of pre-trial hearings, informal dispute resolution meetings with a judge, mini-trials and case management -- Alberta's federal judges now efficiently handle one of the largest per capita case loads in the country. He has a stinging wit, too. When he was new to the bench a prisoner muttered "you ass," in response to a comment Judge Wachowich made at his trial, to which the judge quipped "Lucky guess." And, he's a Liberal. Before being appointed to the bench by Pierre Trudeau in 1974, Judge Wachowich had been quite active in Edmonton Liberal circles serving as campaign manager for Liberal candidates. Just this past week, his nephew announced he will seek the Liberal nomination in the Edmonton riding lost by former Liberal cabinet minister Anne McLellan in the 2006 election. Until last week, I would not have felt compelled to mention Judge Wachowich's former political affiliation -- nor his nephew's current connection. Nothing in the judge's performance on the bench all these years has given any indication of partisan bias. And the nephew is not the uncle. But last Thursday, Judge Wachowich chose to continue the bizarre, hypocritical and highly partisan attack by the judicial and legal communities on the federal Conservative government's recent changes to the volunteer committees that advise the minister of justice on which lawyers might be suitable for appointment to the federal courts. Judge Wachowich backed up remarks made two weeks ago by Supreme Court Chief Justice Beverley McLachlin complaining that the Conservatives' appointment of 16 members (out of 84 voting members) from among their party ranks had placed the administration of justice "in peril." Most of the 36 Liberal appointees had been Liberals. Yet that never seemed to strike the judges or legal community as potentially perilous. Nor did the fact that nearly two-thirds of the judges the Liberals appointed -- not merely no-name committee members, but actual judges -- were Liberal supporters. Judge Wachowich was appointed to the bench before there were judicial advisory councils, when patronage ruled the process. Still he has managed to elevate himself above partisanship. What makes him worry Conservative appointments will be any less able to do the same? Last week he held out particular scorn for the addition of a fourth government appointee --a police officer -- to the advisory committees. That, he said, might be creating the impression "that you are stacking the committee and may in fact be able to carry out an agenda. "The perception is such that one segment of society, and that is law enforcement, is represented, and others are not." Adding police officers have "put the scales [of justice] out of alignment." Pardon me? One segment of society -- the police--is represented and others are not? The non-government appointees on each province's judicial advisory councils are a judge, a member of the law society, a representative of the bar association and an appointee of the provincial attorney-general. Many of the federal appointees, too, are lawyers. In Alberta, all but two of eight members are lawyers or judges. It seems to me, one segment of society -- the legal community -- is pretty well represented; some might even say overrepresented. Lawyers and judges may be the courts' custodians, but they are not the owners. Ultimately, the courts belong to the people, so selecting judges is too
important to be left to a cozy little circle within the legal profession. |
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