[1] Committees are often composed of representatives of the federal and provincial governments, the legal profession, the judiciary, and the general public.
[3] Proponents of the system argue that this procedure has limited the scope of patronage in appointments to Ontario courts, and has diversified the makeup of judges in the province.
[4] Lawyers who meet the legal and constitutional requirements can apply, as well as existing provincial or territorial court judges.
"[3] A third designation, "highly recommended" was eliminated in 2007, which critics say enhanced the government's ability to make patronage appointments.
The Minister draws an appointment from the list of names received from the committees, and recommends that individual to the federal cabinet.
In addition, in February 2006 a parliamentary committee was allowed to interview the Prime Minister's selected candidate prior to his appointment.
have alleged that this process has allowed the Prime Minister to effectively "stack" the courts with ideologically like-minded individuals who will support the current government's stance.
[citation needed] In response to the critics, Prime Minister Paul Martin made a few changes the appointment process in 2004.
[40] However, when the names of Justices Abella and Charron were put forward, parliament was dissolved, and thus unable to form committees.
[40] In addition to the parliamentarians, the committee also had two members of the Canadian Judicial Council, sitting judges who participated in the closed door discussions on the process, and recused themselves for the consideration of the specific appointees.
The Prime Minister would choose one name from the list of the three remaining candidates to put forward to the Governor General.
In February 2006, Prime Minister Stephen Harper's used an "Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada" to interview Marshall Rothstein prior to his appointment.
[40] In 2011, Harper again appointed two Supreme Court justices, Andromache Karakatsanis and Michael Moldaver, from a shortlist of 6 candidates unanimously approved by a multi-party committee of Conservative, Liberal, and New Democratic Party Members of Parliament.
[43] At the time, Chief Justice Beverley McLachlin called Harper to consult with her on the advisability of Nadon's appointment.
Harper's comments were criticized by the legal community and a complaint was forwarded to the International Commission of Jurists in Switzerland.