Judge's Comments Reviewed and Transparent

Given some of my concerns about the lack of judicial transparency in Canada's judicial appointment process, I found this article rather interesting (though quite devoid of informational content):

http://www.calgarysun.com/news/world/2009/07/20/10191526-sun.html

At the outset, let me say that I am not in support of an elected judiciary. This is the appointment process in the United States. This process is problematic because a judge may feel he or she needs to determine cases based upon their appointment platform rather than based on a judicious interpretation of the law. Having said this, I do like the fact that a judge's credentials and views are exposed prior to the appointment. In this case, Sonia Satomayor's nomination is under close scrutiny due to her remarks that a "wise Latina" might come to a better conclusion that a "white male". Though I was initially unimpressed by this comment, upon further reflection it occurred to me, in certain circumstances, it may be absolutely true. Indeed, a wise Latina might actually come better conclusions (if better means more culturally sensitive) than a white male. I am a white male who has no clue what it's actually like to be a Latino, Native or Black. So, though the comments may create an initial gut reaction, ethnic diversity on the bench is important, because judge's must bring a wealth of experience into the law. In our system of stare decisis, collective wisdom is ideally the basis for all judgments.

Of course, the nomination and ultimate appointment should always be based on merit -- which due to the lack of transparency in the appointment process in this country is even more uncertain....

David G. Chow
Criminal Defence Lawyer

www.calgarydefence.com