The former attorney general denies there was 'conflict' over the issue.
Wilson-Raybould then sent Trudeau a 60-plus-page memo arguing that Joyal should not only be added to the top court but should be named chief justice as well.
Joyal had criticized the judiciary for broadly interpreting charter rights and expanding them to apply to things not explicitly mentioned in the charter or, in his view, intended by provincial premiers when they agreed to enshrine a charter in the Constitution. The charter, Joyal argued, was the result of a compromise between Pierre Trudeau and premiers, most of whom had originally opposed inclusion of a charter in the Constitution. The compromise was intended to maintain a balance between the judiciary and the legislative branch of government, with provisions allowing governments to limit or override rights altogether in some circumstances.
Joyal was particularly critical of the Supreme Court's interpretation of section 7 of the charter — the section which guarantees everyone the right to life, liberty and security of the person and under which the top court struck down Canada's abortion law and the prohibition on medically assisted death.Richard Wagner smiles during a ceremony marking his appointment as chief justice of the Supreme Court of Canada in Ottawa on Feb. 5, 2018.
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