One of my colleagues in Parliament has just introduced a piece of legislation that is just, well, plain dumb. Liberal MP Denis Coderre has authored a private member’s bill which, if passed, would require that all Supreme Court Justices in Canada be bilingual in French and English.

The language skills of Supreme Court Justices have now become an issue because an opening was created when Justice Michel Bastarache from New Brunswick retired early. If tradition holds, his successor would also come from an Atlantic province. However, requiring by law that Supreme Court Justices be bilingual could rule out qualified candidates from Newfoundland or Prince Edward Island, for example.

Now, most federal judges are like federal politicians. If they aren’t bilingual when they first get their position, they often do what they can to acquire the other language (it helps with promotions.)

Not all judges are fluent in both French and English, especially judges from the west or the Atlantic provinces. If the best choice to succeed Justice Bastarache isn’t bilingual, should that person be denied the appointment? I think not.

Prime Minister Harper should pick the best judge for the Supreme Court, even if that person can only speak French or English.

Denis Coderre is just trying to pick a fight and get Canadians upset over a non-issue. His private member’s bill is unnecessary. The Supreme Court of Canada needs the best judges we can find. We don’t need to add an extra qualification to an already demanding selection process.

To back up this point, retired Supreme Court Justice John Major (who is unilingual) recently said: “I don’t think French is a requirement.” Major, who is from Calgary, also noted that the translation services at the Supreme Court are excellent.

(For those who are curious, only one current Supreme Court Justice is not bilingual in French and English: Justice Marshall Rothstein from Manitoba.)