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Kakfwi to help pick next top court judge
Liberal government brings in new selection panel, allows lawyers and judges to self-nominate

Shane Magee
Northern News Services
Friday, August 5, 2016

SOMBA K'E/YELLOWKNIFE
Former premier and Dene Nation president Stephen Kakfwi has been named a panelist that will give the prime minister a list of candidates for nomination to fill a vacancy at the Supreme Court of Canada this year.

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Former premier Stephen Kakfwi, shown in 2014 talking to teachers about his residential school experience, has been selected to serve on a panel that will create a short-list of candidates to fill a vacancy on the Supreme Court of Canada. - NNSL file photo

"It's a great compliment," Kakfwi, a Yellowknife resident, said in a brief interview Wednesday. "I'm honoured to be asked by the government of Canada, the prime minister's office, to join a group and do a very important job for Canadians."

Prime Minister Justin Trudeau announced a new system to nominate the next top court justice Tuesday.

Qualified lawyers and judges from across Canada can apply for the position. Those applications will be screened by a seven-member panel, including Kakfwi, which will provide the prime minister a list of three to five candidates.

A news release states qualifications include being fully bilingual and representing the diversity of Canada. A nominee will be named by the prime minister with Parliament having a chance to ask the nominee questions.

The announcement was met with praise from several lawyers, both for the way the next justice will be selected and for the inclusion of a Northerner.

"It's great that Kakfwi is part of the process," said defence lawyer Peter Harte.

While he said it's not clear how much Kakfwi's views will weigh on the final selection, he said it's great the North gets a voice in choosing the next Supreme Court justice.

Jay Bran, another defence lawyer, was just learning about the new panel and echoed Harte's comments and said he's represented the region well.

"I think he's a great voice for the North," Bran said about Kakfwi.

Michele Hollins, past-president of the Canadian Bar Association, said the group is delighted with the advisory board process. The group had advocated for a more open process to pick the next justice.

"(Kakfwi) brings obviously a unique perspective as a Northerner and of aboriginal descent. We welcome his participation in this," she said.

Kakfwi, originally from Fort Good Hope and residential school survivor, became an active voice in politics early in his life.

He organized Dene and Metis participation in the Berger inquiry of the Mackenzie Valley gas pipeline which resulted in a moratorium on development until indigenous land claims were settled.

He served in early 1980s in a leadership role with Dene Nation.

Then in 1987 he was elected to the legislative assembly representing the Sahtu. He served in cabinet throughout his time in office, including as justice minister. He became premier in 2000 and retired in 2003.

He's since founded a consulting company which, according to a biography from the federal government, has been advising on conservation, indigenous affairs, and resource and governance negotiations.

The other six members of the panel, led by former prime minister Kim Campbell, include a law school dean, president of the law societies of Canada, president of the United Way of Greater Montreal, a former chief justice of the Manitoba court of appeal and a lawyer with a Toronto law firm who has been active in promoting LGBT issues worldwide.

The panel, designed to be non-partisan, has no members of Parliament. This has drawn scorn from opposition parties, but praise from legal quarters.

"I love the fact that it's going to be as open as it is that seems like a great idea, and independent," Harte said.

"The creation of the list is something that - if I understand the process - has partisanship taken out of the process," he continued.

"From that perspective, we should get a better choice at the end of the day because it's not someone being picked who they liked if they're liberal or conservative jurists."

The applications will be used to fill a vacancy created by the retirement in September of Justice Thomas Cromwell who represented the Atlantic region on the nine-member court.

Applications will be accepted from across Canada until Aug. 24.

The shortlist is expected to be handed to the government in September.

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