Supreme Court nominee Sheilah Martin takes questions, cracks jokes in hearing with parliamentarians

'I think judges need to show respect to get respect,' Martin said, speaking about what she learned from working on a sensitive case around doctor-assisted death

OTTAWA — Canada’s newest Supreme Court justice says she hopes her legacy will be remembered for three things: “That I listened carefully, that I was a deep thinker, and that I had really nice hair.”

It was one of several times during a marathon question-and-answer session where Sheilah Martin’s sense of humour prompted laughs from the panel of MPs and senators, along with the audience of law students, political staff and other observers.

“I have seven children,” she said at another point. “Proof I can multi-task, resolve conflict, and have zero chance of a swollen head.”

Martin’s nomination to the highest court was announced last week by Prime Minister Justin Trudeau. She’s set to fill the spot of Chief Justice Beverley McLachlin, who steps down on Dec. 15 after 28 years on the court. (Trudeau has not yet named a new chief justice.)

Supreme Court of Canada nominee Justice Sheilah Martin Fred Chartrand/The Canadian Press

Tuesday’s special joint meeting of the House of Commons and Senate justice committees was Martin’s first public appearance since the announcement, and she used it to stress the importance of listening to all sides and ensuring every citizen feels they have access to the justice system.

“I think judges need to show respect to get respect,” she said, speaking about what she learned from working on a sensitive case around physician-assisted death. “And it has been my personal goal to be respectful in court, and to listen patiently and to let things unfold.”

Martin, who was born and raised in Montreal, answered questions in both English and French.

The two-and-a-half-hour session won’t be remembered for any hard-hitting exchanges. It was made clear at the start by moderator François Larocque, interim dean of the University of Ottawa’s law school, that Martin could not get into specifics on matters that may come before the Supreme Court. The parliamentarians largely lobbed softballs about her experiences as an Alberta judge and her views on Canada’s legal traditions.

Even so, some answers did shed light on how Martin intends to influence the court during her time there.

Asked by Conservative MP Michael Cooper about the deference judges should show to parliament on matters of public safety, Martin said that, in general, the level to which the court should defer to legislators on constitutional matters will “depend a very great deal on the subject matter.”

But she emphasized that courts must put a lot of work into determining why parliament passed the law in the first place.

“When a court is interpreting legislation, it is seeking the will of the legislature, it is trying to find out what it is that the province or the federal government meant by this statute or law,” she said. “There is a great deference there in terms of seeking what the rationale of the government was behind that rule.”

In response to another question, she outlined her strong belief in the role of a judge as a “neutral arbiter who is to deal with questions, even important questions, even controversial questions, with an objective and fair assessment, and with a very deep impartiality.”

She was asked about mandatory sexual assault training for judges, a proposal contained in a bill currently stalled in the Senate.

“Obviously, I can’t comment on the bill itself,” Martin said. “But I’m an old law professor, and I’ve rarely heard a good argument in favour of less education.”

Supreme Court of Canada nominee Justice Sheilah Martin is greeted by MPs and senators before she took questions on Tuesday, Dec. 5, 2017. Fred Chartrand/The Canadian Press

But she also sounded a note of caution, saying “one always has to be exceptionally mindful of the countervailing requirement of judicial independence, and who leads the education, what its content is.”

Another notable exchange came with Sen. Murray Sinclair, who formerly chaired the Truth and Reconciliation Commission. Sinclair asked Martin how her involvement on the team that created the Indian Residential Schools Settlement Agreement has affected her, and informs her role as a judge.

She said it was the most meaningful work in her life, and gave her a deep understanding of the intergenerational harms it caused and how a holistic approach — involving not only compensation, but genuine apologies and attempts to understand what happened — is the only way to move forward.

“It affects my analysis of Canada, it affects my analysis about what reconciliation means,” she said.

The Commons justice committee will now prepare a report based on the testimony of Martin and earlier testimony heard from former prime minister Kim Campbell, who headed the independent panel that advised Trudeau on Supreme Court nominees. Trudeau will then be set to make the appointment official through an order-in-council.

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