Gender and the Supreme Court of Canada: Why Justice Nadon’s Appointment is a Blow to Gender Equality in Canada

Today, Prime Minister Stephen Harper appointed Justice Marc Nadon to the Supreme Court of Canada, and it is a sad day for gender equality. Some may argue that Justice Nadon was simply the most qualified applicant for the job, but the discussion about today’s appointment is not that simple. Canada’s top judges are all extremely intelligent and accomplished people. It is difficult to rank them according to a hierarchy of talent. Justice Nadon was a Quebec appointee, and there are currently two very knowledgeable and practiced women judges from this province that were expected to receive this appointment (one of them being Justice Marie-France Bich). And yet, somehow the very privileged white man is deemed the top candidate by another very privileged white man. This isn’t an issue of picking the absolute best candidate, but of gender inequality.

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Judges, Women, Sex and Responsibility

EXTRA EXTRA! READ ALL ABOUT IT! FEMALE JUDGE LIKES KINKY SEX, DOCUMENTS IT AND HAS TO STEP DOWN BECAUSE SHE CAN NO LONGER MAKE JUDICIAL DECISIONS!

This week, one of the major Canadian news headlines was that a Manitoba judge, Lori Douglas, was embroiled in a sex scandal. According to the published stories, she engaged in “kinky” sex acts and had photos documenting this. Her husband, Jack King, then posted these photos online. This information came out when a client of King’s, Alexander Chapman, filed a complaint against both the spouses alleging that King had sexually harassed him when Chapman had engaged the husband as legal counsel. According to CBC.ca, Douglas did not know that her husband had shown these photos to anyone, or that he had posted them online.

Reactions to this story have been swift and mostly negative. While many journalists and commentators have expressed sympathy towards Douglas and the fact that she is facing such difficulties because of the thoughtlessness of her husband, most are also blaming her for even engaging in such activities at all. Her decision to even allow nude photos to be taken of herself has been seen as foolish and representative of an immature mind. In fact, according to Sébastien Grammond, Dean of Civil Law at the University of Ottawa, “if pictures of you naked end up on an internet site, it’s quite difficult to say you have the credibility to be a judge” (Quote taken from the above cited CBC article).

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