Sunday, July 10, 2005


Heather Mallick has a great column on America's current "win at all costs" mentality. Naturally, her discussion of the Supreme Court of Canada sticks out in my mind:
I used to want to know more about Canadian judges, especially why Chief Justice Beverly McLachlin has turned into an accountant. She now rules on whether the government can afford to apply the Charter of Rights and Freedoms to Canadians.

But I don't want to destroy her. I want the logic of her fellow judges to persuade her that her approach is the wrong one. I don't want to put new judges through a hell hearing and $123-million worth of abuse. You'll get the judge you wanted, but you have not won. These are Cosa Nostra tactics.

Agreed entirely. I've mentioned before the ultimate problem with putting judges through a PR wringer: even if you end up with exactly the same person on the bench, that judge is seen as more partisan and less worthy of public respect. The upcoming U.S. Supreme Court battle should be the ultimate example of the problem; hopefully we'll pay attention and avoid choosing the same disastrous system for ourselves.

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