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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. 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

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