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Recusal: Meeting with newly appointed SCC Judge Nicholas Kasirer

Madame Moderator,


As Chair of the Senate Legal and Constitutional Affairs Committee, I certainly would have liked to ask questions to Mr. Justice Kasirer relating to legal issues regarding the role of the Supreme Court in a parliamentary democracy.


However, given the importance I attach to the principle of judicial independence and impartiality, principles that the Senate’s Legal and Constitutional Affairs Committee had sought to achieve by amending Bill C-58 (An Act to amend the Access to Information Act) and Bill C-337 (An Act to amend the Judges Act and the Criminal Code) at this session of Parliament, I am obliged to recuse myself and refrain from asking questions since I intervened personally in a case which is currently under reserved judgment before the Quebec Court of Appeal involving the Succession to the Throne Act, presided over by Judge Kasirer, and also considering that I might again seek Intervenor status before the Supreme Court in cases related to the interpretation of the Charter of Rights and Freedoms or of parliamentary constitutional principles.


Thus, out of respect for the independence and impartiality of the Court, I must recuse myself and refrain from asking any questions to Mr. Justice Kasirer.


The Hon. Serge Joyal, P.C.