Marshall Rothstein of the Federal Court of Appeal has been chosen by Prime Minister Harper to sit on the country's highest court.
Article from canada.com found here.
Obviously many commentators will be looking at Rothstein's judgments to gauge his future stances. His judgment in Azizi [2005] FCJ No. 2041 may be very helpful. The case considered 117(9)(d) of IRPA - the case dealt with a refugee granted status in Canada who was barred from sponsoring his wife and children because he did not disclose them on his original immigration application (he was required to be single so that he could leave the refugee camp he was staying in in Pakistan) - the FCA upheld that decision ruling that Azizi was the 'author of his own misfortune'.
The following sentence in Rothstein's judgment may be why he has been nominated by the Conservative government:
It is trite law that the Court may not change the words of a statute or regulation, which is what Mr. Azizi's argument implicitly requests.[Para. 15].
The Conservatives have long been concerned that the SCOC/Other Courts have overstepped their function - making law instead of interpreting it. Rothstein's statement may be reassuring to Conservatives.
Comments