Merit, collegiality trumps bilingualism for high court jobs: Nicholson letter

OTTAWA – Justice Minister Rob Nicholson says bilingualism will never trump merit or the ability to get along with colleagues when it comes to appointing Supreme Court judges.

Nicholson reaches that conclusion in a three-page letter recently released under Canada’s Access to Information Act.

The undated 2011 letter argues that the bilingualism of the courts is ensured through legislation that ensures three Quebec judges for the Supreme Court and 15 for the Federal Court and Federal Court of Appeal.

The question of whether the nine judges on Canada’s highest court should be fluent in both official languages has been bitterly divisive.

The Harper government has defended its appointment of two unilingual English judges to the high court, saying that judicial competence should be the overriding factor.

Nicholson’s letter expands on the rationale of the government, which faces the replacement of two more high court judges in the next two years.