Benjamin Perrin: The Supreme Court of Canada won’t want this award

Again, as mentioned in my earlier post (Think tank names Supreme Court of Canada ‘policy-maker of the year’), would not Perrin be in a position to know?

What should the federal government do going forward? A post-mortem of these cases, as a whole, should be conducted within the federal government to determine the factors that may have contributed to these losses. Was the legal advice received by the government unreasonable or was reasonable advice not followed? Could the federal government have been more pro-active in participating earlier in important litigation, marshalling evidence, conducting outreach to potentially friendly interveners, and retaining eminent external counsel? While there are a range of factors that contribute to a record of the type that the federal government has recently endured, a detailed internal review could expose systematic weaknesses with the federal government’s litigation strategy that could be addressed for future cases if it wants to preserve its agenda.

Benjamin Perrin: The Supreme Court of Canada won’t want this award

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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