John Gomery criticizes Harper for spat with chief justice

Retired Quebec Superior Court judge JohnGomeryis adding his voice to those criticizing Stephen Harper's treatment of the chief justice of the Supreme Court.

"I think it's appalling that the judiciary should be used for political purposes in this way and I'm puzzled as to the motivation of the prime minister and his office as to why they would take on the chief justice,"Gomerysaid.

• Listen to CBC Radio's The House
• Stephen Harper's 'unease' with Quebec's liberal judges: Chris Hall
• Harper's dust-up with the chief justice - pique or strategy?

Talking to Evan Solomon on CBC Radio'sThe House,Gomerysaid he finds the situation 'distasteful' and 'bewildering.'

Last week, the prime minister suggested Chief Justice BeverleyMcLachlinacted improperly last July when she advised his office that a Federal Court judge might not fit the legal criteria set for Quebec appointees to the Supreme Court.

McLachlinsubsequently issued a statement saying all she wanted to ensure was that the government was aware of the eligibility issue.

The Supreme Court later rejected the appointment of MarcNadon, a Federal Court judge.

"The whole point of it is that [Harper]is assuming that [McLachlin] could somehow using a crystal ball, I guess know that he intended to appoint MarcNadontothe Supreme Court and that she is going to comment on that,"Gomerysaid.

This week,a group of past presidents of the Canadian Bar Association and theCanadian Council of Law Deans both criticized the prime minister's remarks.

Gomery told Solomon that Stephen Harper's approach undermines the independence of the Supreme Court.

"The suggestion that their conduct is inappropriate means that they are, in the eyes of the person accusing them of inappropriate behaviour, behaving in a partisan way," he said."It'san accusation that the court has become partisan."

Quebec judges

The retired Superior Court judge also dismissed the prime minister's concerns when it comes to the impact of theNadondecision on Quebec judges.

"The idea that there is somehow a shortage of qualified candidates for the Supreme Court is absolute nonsense," he said.

Gomeryprovided some insight as to why the prime minister may be struggling to fill the vacant Quebec seat on the highcourt.

"I think the province of Quebec is more liberal, small "L" liberal, than perhaps the rest of Canada and that, I think, makes Mr. Harper uneasy about Quebec judges because they come from that culture, from that milieu, and they are, I think, representative of that opinion," he said. "He's looking for a Conservative judge and it's hard to find one in Quebec becauseQuebecersare not Conservative in the same way that, should we say, people from Alberta are Conservative."

Gomerywas appointed to investigate the sponsorship scandal, which informally became known as theGomeryInquiry, in 2004.

He retired from the bench in 2007.