On the composition of the Supreme Court of Canada

By established convention, the upcoming retirement of Supreme Court Justice Thomas Cromwell of Nova Scotia opens the door for another Atlantic Canadian justice to be named to the Court.

Supreme Court Building, Ottawa       ©2016 MNG

It was an anticipated outcome:

Justice Cromwell’s retirement therefore frees up that solitary Atlantic Canada seat, meaning that his replacement will almost certainly hail from either New Brunswick, Nova Scotia, Prince Edward Island (“PEI”), or Newfoundland and Labrador (“NL”).  To date, five judges were selected from Nova Scotia, six from New Brunswick, and only one from PEI.

Since John A. Macdonald named Sir William Johnstone Ritchie for Atlantic Canada, there has been someone representing the region at the High Court. Such arrangement has become integral to the composition of the Court.

The established convention is not a statement of preference in the way that one prefers chocolate ice cream instead of vanilla. The convention exists to ensure that key fed…