Because this is sometimes a media criticism blog, it’s time once again to look askance at some particularly poor reporting choices by a particular CBC reporter. He has developed quite a pattern and reputation for writing stories about judicial appointments which are skewed toward a certain predilection for creating moral panics, and this really false notion that people are essentially buying judicial nominations with party donations, which is both absurd and not how the system works. And along the way, he mischaracterised comments made by the then-president of the Canadian Bar Association, which I had to go about correcting.
In this particular instance, he is remarking that a new judicial nomination Quebec is a lawyer who argued the case on behalf of opponents of Bill 21 in the province (and didn’t win because the judge noted that the provincial government pre-emptively applied the Notwithstanding Clause). But the entire framing of the story and its implicit narrative is that this is a political appointment for the intention of either tweaking at François Legault, or of signalling federal opposition to the law, which is again absurd, and a completely bizarre understanding of how things work in the legal system.
Does @danlebla not understand that lawyers make arguments on behalf of their clients and not themselves? https://t.co/m4Kqw5J2pc
— Dale Smith (@journo_dale) December 21, 2021
Let me offer this reminder: lawyers make arguments on behalf of their clients. They don’t need to believe those arguments or subscribe to the beliefs of their clients—they simply need to argue on their behalf. The fact that this lawyer argued on behalf of these clients in opposition to this law should be immaterial to the fact that he applied to be a judge, and it should not be a determining factor in the decision to appoint him. But it does fit the narrative that this particular reporter likes to portray about how judicial appointments work, and the fact that the gods damned CBC is letting him spin this particular narrative and not squashing it for being both wrong and unprofessional is troubling, and makes me wonder what the hell is going on with their editorial standards.