Play-by-play
All times noted (EST)
1:08 p.m. Committee review delayed.
1:11 p.m. Committee review begins. Opening remarks by Justice Minister Vic Toews, who is acting as Chair.
1:13 p.m. Vic Toews: Rationale for process.
1:14 p.m. Vic Toews: Defamatory statements not protected by Parliamentary privilege.
1:15 p.m. Vic Toews: Judge does not have to answer all questions.
1:16 p.m. Vic Toews: Brief bio of Justice Rothstein.
1:19 p.m. Presentation by Professor Peter Hogg, Q.C.: Consider this a job interview.
1:28 p.m. Professor Peter Hogg: If Judge Rothstein has provided a written decision on a case; he can't be expected to provide an oral explanation today.
1:29 p.m. Professor Peter Hogg: Types of questions to consider:
(1) Resolve difficult legal issues
(2) Energy and discipline
(3) Open mind
(4) Patience and courtesy
(5) Well-written and well-reasoned decisions
(6) Work with his colleagues
1:31 p.m. - 1:42 p.m. Justice Rothstein: Who I am and what I'm about. Well spoken with a couple of one-liners.
1:43 p.m. Justice Rothstein: 'The role of Judges' Neutral arbitrators with no personal agenda.
1:48 p.m. Justice Rothstein: Mr. Rothstein acknowledges being unilingual will require a greater effort on his part when reviewing French cases.
1:49 p.m. Justice Rothstein concludes his opening remarks.
1:52 p.m. Question Hon. Sue Barnes (Lib): What types of questions will you not answer.
1:55 p.m. Justice Rothstein: (1) Cases before the Court (2) A case that has been decided.
1:58 p.m. Question Real Menard (BQ): You have gaps in civil law. Will you rectify this?
1:59 p.m. Justice Rothstein: It will be difficult in the beginning, but hopes to make a positive contribution.
2:03 p.m. Question Real Menard (BQ): Gun registry question.
2:04 p.m. Justice Rothstein: Sorry, political question. Your area Mr. Menard.
2:07 p.m. Question / Statement Joe Comartin (NDP): Doesn't like the process. Ask's first question to Professor Hogg: Other than the U.S., can you name another country where a Justice is questioned?
2:10 p.m. Professor Hogg: U.K., South Africa.
2:13 p.m. Plain Spoken Justice Rothstein: 'pussy foot,' 'stark raving idiot'
2:17 p.m. Question Diane Ablonczy (Con): How do you view your role as a Judge? i.e. judicial temperament
2:18 p.m. Justice Rothstein: Judges shouldn't invent the law; they should apply the law.
2:24 p.m. Irwin Cotler (Lib): Major kudos to Justice Rothstein.
2:25 p.m. Question Irwin Cotler (Lib): (1) Why law? (2) Who are your mentors? (3) What have you learned from your experiences?
2:27 p.m. Justice Rothstein: Big love in, thanks Cotler for the kudos. Law was an accident via his commerce education at University: Rothstein ran (and won) for President of the Manitoba Students Union.
2:33 p.m. Question Carole Freeman (BQ): What do you think about this process?
2:34 p.m. Justice Rothstein: To early to tell. (Laughter) Process could degrade a Judge.
2:36 p.m. Question Carole Freeman (BQ): Any ideas for an alternate process?
2:37 p.m. Justice Rothstein: No.
2:43 p.m. Question Rob Moore (Con): What can Canadians gather from this hearing?
2:44 p.m. Justice Rothstein: (1) The knowledge that candidates are qualified (short list: three original candidates). (2) Some of the good works that Judges do. (3) Judges are ordinary, real people. (4) Some exposure to the candidate (Rothstein).
2:52 p.m. Justice Minister Vic Toews: Recess called (5 — 10 minutes)
3:01 p.m. Question Anita Neville (Lib): Have social norms changed?
3:04 p.m. Justice Rothstein: Judges have to look at the law and the facts.
3:10 p.m. Question Daryl Kramp (Con): [The love in continues.]
3:20 p.m. Question Stephen Owen (Lib): [Four minute question] Can you reconcile the concept of judicial independence?
3:24 p.m. Justice Rothstein: Doesn't know what the situation is with the provinces. In terms of the courts role with Parliamentary process and defamation: the Court has no role.
3:29 p.m. Question Daniel Petit (Con): Can you comment on the criteria for the swingers club?
