Winnipeg Free Press

Winnipeg Free Press (Newspaper) - September 25, 1981, Winnipeg, Manitoba Winnipeg free september 1981 focus nation awaits courts ruling on Constitution s by Jay Prober special to the free press it is now the eve of our country most significant judicial decision and very few canadians have any idea of How their highest court really the nine justices of the supreme court of who Are virtually unknown to the Ca Nadian have now re turned to Ottawa to let the nation know its Constitution Al the Security measures surrounding the supreme courts private deliberations on the constitutional ques Tion have been extraordinary and court officials have been very reluctant to discuss any aspect of the i did learn that paper shredders were for the first time and for the first time a Secu guard has been posted outside the conference room where the nine justices have been putting the final Tou to what is apparently a gather lengthy in Security is so stringent chief Justice Bora Las Kins own private Secretary was refused admittance to the guarded conference room because she was not on preferred the private part of the judicial process in the supreme court of Canada Lias always been shielded from Public it is for this reason that the predictions of and political pundits about the decision Are rather As a former Law clerk to Justice f came to realize that the heart of the judicial Deci Sion making which is isolated from Public occurs after the formal arguments have been made and after the lawyers have left the it is the private the Pri vate meetings Between the justices themselves and sometimes Between the justices and their Law clerks that count More in the Judi Cial process than the Public arguments and confrontations in open court Between Legal counsel and the jus private debates it is the informal and Pri vate discussions the informal and private debates the informal and private confrontations the informal and private conferences and the informal and private compromises Between the justices that constitute the heart of the decision making process in the supreme court of these aspects of the decision making process Are hidden from Public View and a supreme court decision May turn on a conversation in the justices private ele Vator at the rear of the court House it May turn on a Chance encounter Between two or More justices in the Marble Halls of the court House or in their private Library it May turn on a meeting Between two or More justices in the private Chambers of one of them or it May turn on a private conference of All nine justices called by the chief Justice to specifically Dis cuss a in deciding Canadas constitutional future All these various facets of the informal part of the decision making process will come into play before the nine justices arrive at their final unanimity will be but is unlikely to be each judge brings to Bear his own his own Legal his own his own assessment of the arguments advanced and his own View of Canada As a in Days gone relations grew so strained Between the justices that not even the justices themselves knew what the decision of the court would be until they had All delivered their judgments one or More of the justices would keep secret what his judgment would be until it was Deli and often it was his judgment that would deter mine the outcome of a particular this will not Likely happen with the Deci Sion on Canadas constitutional Fate because the nine justices have been and Are conferring Howe unanimity is nevertheless it is my View that the Piv n i the supreme courts ruling on the Constitution Otal judge on this informal on the court senior even to Side of the deliberations will be Justice Martland the most senior As a Westerner from Edmonton he is considerate and possesses a powerful Over the he has always commanded the respect of his brother justices Many of whom would come to his Chambers to seek him out for his views and thoughts on a particular senior justices he is especially close to Justice Roland Ritchie with whom he often exchanges Justice Martland will sit to the immediate right of the chief Justice and Justice Rit Chie will sit to his immediate left when he delivers the courts they Are the two most senior justices the chief Justice Martland is not As conservative As most observers he is the least predictable of All the Federal lawyers who have said that they have already lost him on the constitutional question Are somewhat premature in their he comes to a Case with an open mind i would not be so Quick to predict his decision in favor of the provinces As Many Are he will decide on the basis of what he believes to be Correct legally not poli he May Well carry Many of the Junior members of the court with i predict the result of the formal arguments and most importantly of the nonpublic the nonpublic Dis the nonpublic will almost certainly be the nonpublic and the non Public confrontations which have taken place and which Are right now taking place at the eleventh hour Between the nine justices in the Pri reached in private talks vate confines of the supreme court will be a majority decision in favor of the Feder Al Canada will be Able to Patriate its Constitution with an amending for Mula and a charter of rights among the justices without provincial agreed Prober is a Winnipeg lawyer and former Law clerk to Justice Ronald Martland of the supreme court of r d annual 40 pm for pledge forms Call super ride command Headquarters Manitoba 9439420 ask for super ride coordinator ride a Bike for a child who cant starting at Assiniboine Park or Kildonan Park Between the hours of 8 to 12 noon on super ride participate in the family rid available at both enjoy super ride entertainment and Barbecue at both the big heart of show business that helps children in Manitoba of Manitoba tent 58 important riders under 18 years of age must have registration form signed by Parent or Back by customer demand on everything in the building at brownstones wholesale clothing 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