Justice Marie Deschamps To Leave Vacancy In Supreme Court Of Canada

CP  |  By Posted: Updated: 05/21/2012 11:25 am

Justice Marie Deschamps
Justice Marie Deschamps is retiring from the Supreme Court of Canada, leaving Prime Minister Stephen Harper to fill a third court vacancy in less than a year. (CP/ JONATHAN HAYWARD)

OTTAWA - The departure of Justice Marie Deschamps from the Supreme Court of Canada in the summer gives Prime Minister Stephen Harper an opportunity to nominate his fifth high court judge.

And before the next election, expected in the fall of 2015, the prime minister will have the opportunity to appoint two and possibly three more justices.

A replacement for Deschamps will be Harper's third appointment to the court in less than a year. The new justice will be from Quebec to meet the legal requirement that at least three judges must be from that province.

Deschamps will step down in August after a decade on the court.

Chief Justice Beverley McLachlin said Deschamps' retirement will be effective on Aug. 7 — or 10 years to the day after she was appointed, and a few months shy of her 60th birthday.

"Justice Deschamps has made a very significant contribution to the Supreme Court and, more broadly, to the administration of justice in Canada," the chief justice said in a statement.

"We will miss her wisdom, intelligence, keen wit and boundless energy. She has been a wonderful colleague and will always be a good friend."

The chief justice also urged a speedy replacement for the departing judge.

"I am certain that the Canadian government will give necessary care and consideration to the prompt appointment of a new justice of the Supreme Court of Canada."

Harper praised the departing justice for her dedication and contributions to the court.

"Her excellent insight, wisdom, intellect and compassion will be sorely missed, he said in a statement.

Her replacement will be a priority, he added.

Harper said the process will begin with consultations with Quebec's attorney general and leading members of the province's legal community. The public can also nominate candidates.

A pool of qualified candidates will be reviewed by a selection panel composed of five MPs, three from the government and one each from the NDP and Liberals.

The panel will review the candidates and provide the prime minister with an unranked short list of three qualified candidates.

The eventual nominee will appear before an ad hoc parliamentary committee to answer questions from MPs.

The process was first used for the appointment of Marshall Rothstein in 2006.

Deschamps said she is looking for new challenges.

"I feel privileged to have been given the opportunity to participate in the work of the court," she said in a statement.

"I will leave behind a group of empathetic, respectful and dedicated judges.

"After 37 years working mostly in courtrooms, including 22 years on the bench, I feel that it is time to explore other ways to be of service to society. There is so much to do, in so many areas."

Two more justices will reach the mandatory retirement age of 75 before the scheduled October 2015 election.

Morris Fish will turn 75 in November 2013 and Louis LeBel hits that milestone in November 2014. Rothstein turns 75 in December 2015, but could choose to leave early so the court won't lose a justice in the middle of a term.

If Harper is still in office and makes all three appointments, he will have named seven of the nine justices.

That would leave McLachlin — appointed to the court by Brian Mulroney and named chief by Jean Chretien — and Rosalie Abella, a Paul Martin appointment, as the only justices not appointed by Harper.

Deschamps was born in Repentigny, Que., on Oct. 2, 1952. She is married to a businessman and has two children.

Deschamps got her law degree from the University of Montreal in 1974 and a master's degree from McGill University in 1983.

She was called to the Quebec bar in 1975 and practised as a trial lawyer, dealing with commercial, family, civil law and criminal cases.

She was appointed to the Quebec Superior Court in 1990, to the Quebec Court of Appeal in 1992 and to the Supreme Court in 2002.

Her departure is the third in less than a year from the Supreme Court. Last fall, Harper named Andromache Karakatsanis and Michael Moldaver to fill vacancies.

His first Supreme Court appointment came just months after the Conservatives formed their first minority government in 2006, when he nominated Rothstein. He also nominated Thomas Cromwell in 2008.

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  • Have The Tories Kept Their Promises?

    The Conservative election platform in 2011, "Here for Canada," featured many campaign commitments.<br><br>One year into Harper's "strong, stable, majority Conservative government," how much has been accomplished? What still remains to be done?<br><br><em>With files from CBC</em><br><br>(Getty)

  • What They've Done

    The next five slides provide a list of what the Tories have accomplished in their first year.<br><br>(Getty)

  • Budget 2011 Measures

    Budget 2011 measures (rolled into the election platform after the original March budget did not pass, and all delivered again in the June budget):<br><br> - Hiring credit for small business -- offering a short-term break from EI payments for those who increase payrolls.<br><br> - Extension for: work-sharing program (helping employers avoid layoffs by providing part-time EI benefits); the "targeted initiative for older workers" (programs to help older unemployed workers); temporary accelerated capital cost allowance rate for manufacturing equipment; mineral exploration tax credit; ecoENERGY retrofit program for homes (one more year only.)<br><br>- Funding for: Canadian youth business foundation; Canada student loans program; 30 new industrial research chairs at Canadian colleges and polytechnics and ten new Canada excellence research chairs for universities; northern adult basic education program in territories; student loan forgiveness for medical professionals willing to work in rural/underserviced regions.<br><br>- Funding for: all-season road between Inuvik and Tuktoyaktuk (to complete Dempster highway); two new national parks in Labrador and urban Toronto; snowmobile trails; small-craft harbour repairs; plus support for an agricultural trade commissioner and market access secretariat to "expand international markets for farmers;" as well as funding for an "agriculture innovation initiative."<br><br>- Funding for: Royal Conservatory of Music (to launch a national examination system); Canada periodical (magazines) fund; "youth gang prevention fund" to support projects in high-need communities.<br><br>- Tax credits: children's arts (up to $500/child in qualified arts/culture programs); family caregiver tax credit ($2,000 for those caring for an infirm family member); volunteer firefighters; plus a top-up for guaranteed income supplement for low-income seniors.<br><br>- Phase-out of taxpayer subsidies to federal political parties.<br><br>(CP)

  • Other Economic Measures:

    - Government-wide spending review, as reflected in the 2012 budget, implementing over $5 billion in spending and job cuts across all federal departments and agencies, representing some 6.9 per cent of total government spending.<br><br>- Repeal of legislation forcing mandatory retirement at a specified age for workers in federally-regulated industries (effective Dec. 2012).<br><br>- Financial assistance (loans) to help immigrants get foreign credentials recognized (pilot announced Feb. 2012).<br><br>- "One-for-one" rule for business regulations arising from work of "red tape commission," now requiring government to eliminate a regulation for every new regulation implemented (effective April 1).- Successful bidders chosen for shipbuilding procurement strategy (Oct. 2011).<br><br>- "Single desk" monopoly of Canadian Wheat Board dismantled and farmer-elected board dismissed, enabling an open market for Prairie wheat and barley effective 2012 crop year.<br><br>- Pooled retirement pension plans implemented (Nov. 2011).<br><br>- "Helmets to hardhats" program to help military veterans find civillian work after deployments (announced Jan. 2012).<br><br>

  • Intergovernmental Affairs

    - 18 more First Nations signed on to the First Nations land management regime, opting out of land-related sections of the Indian Act (March 2012).<br><br>- Quebec sales tax harmonization agreement (signed in Sept. 2011).<br><br>- Increase health transfers to provinces by six per cent annually until 2017, with the rate tied to economic growth and adjusted for inflation after 2017 (platform pledged to not "cut transfer payments to individuals or to the provinces for essential things like health care, education, and pensions" while working "collaboratively with the provinces and territories to renew the Health Accord and to continue reducing wait times").<br><br>- Loan guarantee for Lower Churchill River hydro project (memorandum with Newfoundland and Labarador signed in Aug. 2011).<br><br>- Legislation to make the "gas tax fund" a permanent form of infrastructure funding to municipalities (passed Dec. 2011).<br><br>- Alberta's elected Senate nominee Betty Unger called to Senate in Jan. 2012 (no other provinces have elected Senate nominees eligible for appointment).<br><br>(Getty)

  • Justice Measures

    - <a href="http://www.huffingtonpost.ca/news/omnibus-crime-bill/?" target="_hplink">Omnibus crime legislation (C-10)</a>, which included new mandatory minimum sentences, stiffer penalties for drug crimes, stiffer penalties for child sex offenders, an end to house arrest/conditional sentences for a range of offences, elimination or delay in eligibility for pardons, stiffer sentences for repeat or violent young offenders, new roles for victims of crime in parole decisions, measures to protect vulnerable foreign workers, new criteria for the transfer of Canadians convicted of crimes abroad, and new measures to seek justice for victims of terrorism (received royal assent March 2012, within the "100 sitting days of Parliament" deadline pledged in the platform).<br><br>- "Wanted by the CBSA" web site launched, to help find and facilitate deportations of foreign criminals (July 2012, and ongoing).<br><br>- Employment insurance benefits for parents of murdered or missing children (announced April 13).<br><br>- Legislation to end the long-gun registry (received royal assent April 5, but implementation stalled, subject to court injunction in Quebec).<br><br>

  • Other Measures

    - Office of religious freedom created in department of foreign affairs, to monitor and promote religious freedom as part of Canadian foreign policy.<br><br>- Legislation to reallocate House of Commons seats to "restore fair representation" (C-20 received royal assent Dec. 2011).<br><br>(CP)

  • What They Haven't Done (Or Haven't Finished, Yet)

    The next six slides provide a list of what the Tories didn't get done during their first year.<br><br>(Getty)

  • Trade Deals And International Commitments

    - Canada-European free trade deal (pledged for 2012).<br><br>- Canada-India free trade deal (pledged for 2013).<br><br>- New border agreement with the United States encompassing trade, travel and security regulations (negotiations ongoing).<br><br>- Copyright Modernization Act (special committee reviewing C-11 reported back to House on March 15).<br><br>- Maternal and child health initiatives, to be implemented in collaboration with other countries (the "Muskoka Initiative," launched in Nov. 2010 - $82 million for specific Canadian projects announced in Sept. 2011 ).<br><br>- Post-combat efforts in Afghanistan, focused on "the education and health of children and youth; advancing security, the rule of law, and human rights; promoting regional diplomacy; and delivering humanitarian assistance."<br><br>(Getty)

  • Defence Commitments

    - F-35 stealth fighter jet purchase (a new secretariat will now oversee the procurement of replacement fighter jets for the CF-18s, following controversy surrounding the disclosed costs of the F-35 program).<br><br>- New air expeditionary wing at CFB Bagotville, including 250 new personnel by end of 2011 and 550 stationed there by 2015 (undisclosed number of personnel added last year to "establish core" of new expeditionary wing, minister's office says, and the government is "committed to adding personnel as the operational tempo permits").<br><br>(AP)

  • Economic/Budget Measures

    - Long-term plan or program, with municipalities and provinces, for building public infrastructure once the Building Canada plan expires in 2014.<br><br>- National securities regulator (Supreme Court ruled in December a national regulator would infringe on provincial jurisdiction, but federal efforts to negotiate a deal with the provinces continue).<br><br>- Income-splitting for families with children under 18 years of age -- allowing couples to share up to $50,000 in income (to be implemented when/if the federal deficit is eliminated).<br><br>- Children's fitness tax credit to be doubled and made refundable (contingent on eliminating federal deficit).<br><br>- Adult fitness tax credit (up to $500 of eligible activities, contingent on eliminating federal deficit).<br><br>- Tax-free savings accounts to see doubling of annual eligible savings, up to $10,000 (contingent on eliminating federal deficit).<br><br>- Employment insurance benefits for parents of gravely ill children (nothing announced to date).<br><br>- Relocation for the head office for the Canada economic development agency for Quebec regions "to a centre or centres appropriate to all regions of the province" (it's still in Montreal, and the minister's office says "we are at the stage where we are considering all of the options").<br><br>- Legislation to implement the Canada-Quebec accord on offshore resources (brief mention in text of 2012 budget).<br><br>- New national farm and food strategy (no announcement yet).<br><br>(Alamy)

  • Justice Measures

    - Anti-terrorism legislation to reinstate powers like preventative arrest and secret investigative hearings, and make it illegal to leave Canada to participate in terrorist-sponsored training or other activities (S-7 currently before Senate committee).<br><br>- Legislation to streamline the process for deporting foreign criminals, including the opportunities for appeal (not introduced yet, expected "in a few short months").<br><br>- Doubling of victim surcharge that convicted criminals must pay (bill C-37 introduced April 24).<br><br>- Legislation to combat elder abuse by adding it as an aggravating factor in sentencing (bill C-36 introduced March 15).<br><br>- Legislation to clarify self-defence and property rights/citizen's arrest provisions (bill C-26 concurred at report stage April 24).<br><br>- Legislation to "give law enforcement and national security agencies up-to-date tools to fight crime in today's high-tech communications environment" (bill C-30 introduced Feb. 14, but stalled after receiving negative feedback). The campaign platform pledged to fulfil this within "100 sitting days of Parliament," which suggests a March deadline, now passed.<br><br>- Measures to combat drug abuse in prisons (no announcement yet).<br><br>- End to sentencing discounts for multiple child sex offences and child pornography charges (no announcement yet).<br><br>- Mandatory jail sentences for those with repeat convictions for contraband tobacco, and a new RCMP anti-contraband force of 50 officers (no announcement yet).<br><br>- National action plan to combat human trafficking (no announcement yet, but private member's bill C-310 to amend the Criminal Code to strengthen measures against human trafficking passed at third reading in the House April 27 and is now before the Senate).<br><br>- New law enforcement mandate for Canada's Coast Guard, to allow them to enforce federal laws on oceans and the Great Lakes, including new armed capabilities on board Coast Guard vessels and armed boarding teams (no annoucement yet).<br><br>- Legislation to allow sentencing courts to order the deportation of convicted criminals upon completion of sentence or parole eligibility, and to remove the requirement of the prisoner's consent for transfer to complete a sentence abroad (no announcement yet).<br><br>(Alamy)

  • Environmental And Community Measures

    - National conservation plan (consultations currently underway at Commons environment committee).<br><br>- "Social impact bonds" to help raise money for worthwhile community projects (2012 budget said HRDSC was "exploring social finance instruments" for an announcement at a later date).<br><br>- Funding for a "volunteer-matching" service through Volunteer Canada (2012 budget ends federal funding for the national volunteer community service organization Katimavik).<br><br>- Defibrillators for every hockey rink in Canada, and training for using them (no announcement yet).<br><br>- Hunting advisory panel, to consult with environment minister on issues concerning hunting and fishing (no announcement yet).<br><br>- Review of the Species at Risk Act to ensure landowners receive fair compensation when their property is affected (no announcement yet, however the 2012 budget implementation bill does amend the Species at Risk Act).<br><br>(CP)

  • Senate Reform And Accountability Measures

    - Legislation to set term limits for senators and provide a framework for Senate elections (C-7 introduced June 2011 but has not progressed further -- and on May 1, Quebec government announced a constitutional challenge of this Senate reform bill).<br><br>- Legislation to publish the salaries of First Nations chiefs and councillors (C-27 introduced Nov. 2011 but has not progressed further).<br><br>- Measures to implement Canada's commitment to the "open government initiative" (ongoing).<br><br>(CP)

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