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Supreme Court Rejects Appointment
Boris Bytensky talks to CTV News about the Ineligability of Marc Nadon for the Supreme Court
In an unusual case, six of seven members of Canada’s high court blocked the proposed appointment of one of their own. Justice Marc Nadon was rejected by the Supreme Court of Canada because he did not meet the unique requirements to sit as a representative of Quebec. The Supreme Court also ruled that Ottawa’s subsequent attempt to modify the Supreme Court Act to permit the appointment was unconstitutional, as it did not receive the consent of the Provinces. Justice Michael Moldaver was the only dissenting vote. Justice Marshall Rothstein, a former Judge of the Federal Court himself, did not take part in the ruling. The Supreme Court of Canada rejected the appointment of Marc Nadon on a couple of grounds.
The ruling strips the 64-year-old Justice Nadon, a supernumerary (semi-retired) Federal Court of Appeal judge, of his appointment to the Supreme Court because he was not a member of the Quebec bar at the time of his appointment. The ruling specified that only current Superior Court and Court of Appeals judges in Quebec and current lawyers in the Province can be appointed to Canada’s highest court. The ruling nullifies Nadon’s earlier appointment and swearing in.
The majority ruling firmly stated that the language of the Supreme Court Act about the appointment of judges from Quebec are unambiguously articulated and clear. This, the majority wrote, requires that at the time of the appointment, the appointee must be a current member of the Quebec bar with at least ten years standing. The majority decision did not discuss whether Nadon would be eligible to sit on Canada’s top court if he chose to practice law in Quebec again – even for a day – which he has not done for over two decades, or if he was selected to sit on the Supreme Court of Canada as a representative of a different Province.
Boris Bytensky, a criminal lawyer and partner at Bytensky Prutschi Shikhman, was a special guest on CTV News to discuss the appointment, explain why it was rejected and consider what next steps might be taken. Do not risk your future, contact a Toronto Criminal Lawyer from BPS today to get the best legal representation.