New SCC Justice (aka Harvard Mouse News)

[StoneMtn]

So, the former Federal Court justice who made the ruling on the Harvard Mouse Case will be sitting on our highest judicial bench...

Rothstein tapped as Supreme Court nominee

TERRY WEBER

Globe and Mail Update

Mr. Justice Marshall Rothstein of the Federal Court of Appeal has been nominated to fill a vacant seat on Canada's highest court.

The Winnipeg-born jurist will now face questioning from an all-party review committee on Monday, after which Prime Minister Stephen Harper will make his final decision on filling the Supreme Court of Canada vacancy.

Judge Rothstein, 65, has long been rumoured a top contender for the job.

Madam Justice Constance Hunt of the Alberta Court of Appeal and University of Saskatchewan president Peter MacKinnon were also said to be among those on the shortlist for the post.

The new appointee will replace Mr. Justice John Major, who retired in December at age 75.

"Marshall Rothstein's candidacy was scrutinized by a comprehensive process initiated by the previous Government that included members from all the political parties," Mr. Harper said.

"I believe he has the qualifications necessary to serve Canadians well from the country's highest court."

Judge Rothstein was appointed to the Federal Court in 1992 and the Federal Court of Appeal in 1999. He is widely considered a transportation expert, having chaired a committee in the 1990s which reviewed Canada's aviation policy.

His most famous decision, however, came in 1999 in a ruling which allowed a patent to be issued on a living animal — a cancer-prone mouse that had been genetically modified. That ruling was overturned by the Supreme Court in a split decision in 2002.

Thursday's announcement marks the start of a new process for Supreme Court appointees, which will see them answer questions from members of a parliamentary committee during a three-hour televised session. Mr. Harper announced the new format on Monday, heralding it as an "unprecedented move forward" in how the judiciary is selected in this country.

The shift, however, has also drawn criticism from some corners — including members of the legal profession — who charge that such U.S.-style hearings threaten to politicize the process.

Unlike the U.S. system, Canada's 12-member all-party committee won't have the power to veto a nominee. Canada's Constitution gives the prime minister the ultimate power to appoint judges to this country's highest court.

"I am looking forward to watching the ad hoc committee's work and listening to Mr. Rothstein's answers," Mr. Harper said of the next step in the process.

"This hearing marks an unprecedented step towards the more open and accountable approach to nominations that Canadians deserve."

A spokeswoman for the Prime Minister's Office said Mr. Harper will likely make his final decision on the appointment "a few days" after Monday's hearing.

Story here.

[Dr_Evil_Mouse]

So this bugger is our nemesis, then!

[mark tonin]

Thanks for posting the story, SM ... it got me to do a bit of reading, and to once again get my head spinning on issues related to cloning and patenting life.

Peace, Mark

[MoMack]

I went to law school with his son who used to go to dead shows. But don't let that fool you...

I mean really, to allow the patent of a living thing....