The right questions for hizzoner

The queer background check on the next Supreme Court of Canada judge is in. The Constitution states the prime minister makes the choice, and he's picked Federal Court of Appeal Justice Marshall Rothstein to boot upstairs.

Stop the presses! Rothstein once ruled against same-sex spousal benefits... back in 1993. "At the time gays and lesbians were not included in human rights legislation in Canada. The case was brought by Manitoba civil servant Chris Vogel who had been denied benefits for his partner. Rothstein ruled that under law same-sex couples had no rights."

That doesn't make Rothstein a bigot. Making a ruling based on current law is very different from spewing hate, eh. A ruling based on law one year can change 180 degrees based on law (and on the societal values that shape law) 10 years down the pipe.

Should Rothstein be questioned by politicians? Sure -- since when does silence serve democracy? The coming three-hour parliamentary committee quiz show -- a first in Canuckistan -- is a great idea. This country needs a good debate on how much, on whether, personal opinions can and should influence legal decisions. Both conservatives and progressives can still feel obliged to work within existing legal frameworks. How much should they push? How important is their personal politic to their job?

Unfortunately, we all know we're not going to get that debate. More likely, the whole thing will turn into a circus. What's yer personal opinion on A, B, and C? Choose yes, or no. Cue outrage.

The (now ruling) Tories have said they want to change politics: wouldn't it be great if they did more than just create a bigger mess?