In 2015, during a meeting with Federal Justice Minister Peter McKay, Saskatchewan’s former Justice Minister Gordon Wyant subtly hinted at the importance of having a judge from Saskatchewan on the Supreme Court. While not explicitly stating it was their turn, Wyant emphasized the qualifications of a top candidate from Western Canada. Justice Russell Brown from Alberta was eventually appointed, prompting Wyant to stress the need for Saskatchewan representation on the court.
With the recent retirement of Justice Sheilah Martin, Ottawa has initiated the self-nomination process for the vacant seat, which must be filled by a candidate from western or northern Canada. Saskatchewan has not had a Supreme Court judge since Emmett Hall’s tenure from 1962 to 1973. Despite two subsequent justices having ties to the province, they are not considered true Saskatchewan jurists due to their legal careers being based elsewhere.
Apart from geographical representation, considerations for appointments also involve gender and race diversity to ensure a balanced nine-member bench. The importance of regional representation was highlighted by Wyant, who emphasized that judges bring their experiences and relationships to the court, reflecting diverse perspectives from their respective regions.
The call for regional inclusivity is echoed by Colton Fehr, an assistant professor at the University of Saskatchewan’s College of Law, who emphasized that a lack of representation can fuel feelings of alienation, affecting the court’s perceived legitimacy. Tim McLeod, the current Saskatchewan Justice Minister, has urged his federal counterpart to appoint a judge from the province to maintain the regional balance expected from the Supreme Court.
Speculation surrounds potential candidates for the vacant position, with the Federation of Sovereign Indigenous Nations endorsing Federal Judge Paul Favel as their preferred choice. Favel, a member of Poundmaker Cree Nation, was appointed to the Federal Court in 2017. However, the confirmation of this endorsement remains unverified.
While several names have been put forward for consideration, the requirement for Supreme Court judges to be functionally bilingual poses a challenge for some Western Canadian jurists, including those from Saskatchewan. This linguistic criterion has raised concerns about narrowing the pool of highly qualified candidates from underrepresented regions.
The nomination window for the Supreme Court of Canada closes on April 27, making the selection of a new judge imminent.