Case # 35586
Supreme Court Reference Case on the appointment of Justice Marc Nadon (January 15, 2014).
In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26;, et al.
Supreme Court hears arguments regarding the appointment of Justice Marc Nadon. The court is being asked to decide whether Nadon was lawfully appointed. The government has referred several questions regarding Nadon’s appointment to the Supreme Court. At issue is whether a Federal Court judge can fill one of three slots reserved for Quebec on the court. Constitutional lawyer Rocco Galati is challenging the government’s choice of Nadon as Supreme Court Justice. Galati’s challenge of the the appointment is based on a strict interpretation of the Supreme Court Act. A strict interpretation of the Supreme Court Act does not allow for appointments from the Federal Court. The federal government has since introduced legislation amending eligibility for Supreme Court appointments.