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    The Work of Ideology in Canadian Legal Thought

    The Work of Ideology in Canadian Legal Thought Lisa M. Kelly* INTRODUCTION Late one Friday afternoon in February 2006, Justice Marshall Rothstein was in the midst of working on a judgment in his Federal Court of Appeal offices in Toronto when he received a call from his assistant in Ottawa.

    Speaking with a notable tremor in her voice, she informed him that the Prime Minister’s office was trying to reach him.

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  • About an hour later, then Prime Minister Stephen Harper called offering to nominate Justice Rothstein to the Supreme Court of Canada. His offer was subject to two conditions: Rothstein would have to keep the news confidential until the government announced it publicly and he would have to become the first Canadian Supreme Court nominee to appear before a parliamentary committee.

    A decade later, Justice Rothstein recalled Harper’s parting words to him about his appearance before the committee: “Just don’t screw up.”1 True to form, R