Rumpole and Reversible Error #nlpoli

Brian Tobin's favourite judge may be on his way to the Supreme Court of Canada but along the way he will probably have to answer a few questions about his decision in the appeal in R v S.B.

The case is on its way to the Supreme Court of Canada and Rowe will have to appear before a House of Commons committee before his appointment is confirmed.

Justice Malcolm Rowe wrote the decision with Justice Charles White concurring.  Chief Justice Derek Green dissented.

In the original case,  S.B. was acquitted by a jury of "two counts of sexual assault upon C.M. in addition to six charges of assault (five against C.M. and one against another complainant), one count of assault with a weapon (against C.M.) and one count of careless use of a firearm." (R. v S.B.,  2014 NLTD(G) 84)

In the appeal,  Rowe wrote that notwithstanding "the serious errors made by the trial judge outlined above, the jury verdict should not be set aside. I have reached this conclusion with reluctance given the unfair manner in which the complainant was dealt with." (2016 NLCA 20)

Being from there #nlpoli

Some people are very agitated at the prospect that the next justice of the Supreme Court of Canada might not "represent" Atlantic Canada like Justice Thomas Cromwell does.

How exactly does one represent a region on a court or anywhere else for that matter?  Do you have to come from there, for argument sake?  Born there?

Well, Justice Cromwell is from Ontario.

Mary Ellen Turpel-Lafond is touted by some as a sure bet to get the appointment.  From Saskatchewan. Taught law at Dalhousie,  University of Toronto,  Notre Dame and a few other places her bio doesn't mention.  Does that sort of thing count in her favour, seeing as she has experience living and working across the country?

The next person appointed to the Supreme Court of Canada should get the job based on merit that is related to the law and justice.  Everything else - including facility with French - should be secondary.

-srbp-

What’s missing? #nlpoli

While the case before the Supreme Court of Canada on Tuesday was about the federal Elections Act, two provincial chief elections officers have intervener status in the case.

Neither of them have court cases currently underway that challenge the results of an election.

What other province might you think would have sought intervener status on a case about a potentially controverted election?

What other province could that be?

-srbp-