A surprising ambition is unfolding in Ontario’s legal circles: a relatively new judge is vying for the province’s highest judicial position. Nathalie Des Rosiers, appointed to the Ontario Superior Court just over two years ago, has applied to become Chief Justice.
This pursuit is raising eyebrows, not simply because of her limited time on the bench, but due to a career path marked by political engagement and advocacy. Before donning the robes of a judge, Des Rosiers actively championed progressive causes and held several prominent, though often short-lived, positions.
Her history includes work with the Law Commission of Canada, a government-funded body known for advocating left-leaning legal reforms. She later served as General Counsel for the Canadian Civil Liberties Association, further solidifying her reputation as a passionate advocate.
A pattern emerges when examining her career trajectory. Des Rosiers’ tenures as Dean of the University of Ottawa’s Faculty of Law and Principal of Massey College at the University of Toronto were both cut short, prompting questions about her long-term commitment to these roles.
Adding another layer to the situation is Des Rosiers’ past foray into provincial politics. She served as a Member of Provincial Parliament and even held a cabinet position under Premier Kathleen Wynne, a move that involved a substantial pay cut. She once even directly appealed to Prime Minister Justin Trudeau for a seat on the Supreme Court.
The appointment of the Chief Justice of the Superior Court of Ontario is made not by the provincial government, but by the federal government, a point of contention for several premiers. Ontario’s Premier Doug Ford, along with leaders from Quebec, Saskatchewan, and Alberta, recently called for greater provincial input in judicial appointments.
The current Justice Minister has acknowledged openness to consultation, but stopped short of granting provinces a formal role in the selection process. This leaves the final decision firmly in the hands of the federal government.
Many within Ontario’s legal community fear Des Rosiers’ political background and activist past could compromise the impartiality of the court. Concerns center on the perception that her application is being fast-tracked due to political connections, specifically a shared history with Prime Minister Mark Carney.
The prospect of an activist and partisan Liberal leading the province’s highest court is sparking debate about the integrity of the judicial system. Critics argue that such an appointment could erode public trust in the fairness and objectivity of the courts.
While her application might be dismissed on the basis of experience, the reality is that judicial appointments often carry a significant political dimension. The ultimate decision rests with Prime Minister Carney, and the implications of his choice will be far-reaching.
