Supreme Court to Hear Quebec Reference on Nadon Appointment

This article was last updated on April 16, 2022

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Quebec has expressed great agony and is officially opposing the judicial appointment of Marc Nadon, as it utterly opposed Stephen Harper not consulting them in advance of naming a federal court judge to a Quebec seat. Moreover, in an official brief filed by Quebec in the Supreme Court of Canada, it has declared the move to be an illegal and unconstitutional one.

Canada’s top court is anticipated to hear the landmark reference on Wednesday, which will decide who can sit as a Supreme Court of Canada judge. The reference is mostly related to Quebec as the appointment was a complete shock to the province. According to the PQ government of Quebec, Harper did not have any legal or constitutional right to name Nadon, the prime minister is also not entitled to retroactively change the law without the unanimous consent of the Commons, Senate, and each provincial legislature.

The case will be expectedly heard by seven judges, excluding Nadon since he has been barred to taking office in the same building as his fellow judges until the reference is decided. Moreover, another former federal court judge also appointed to the top court by Harper in 2006, Marshall Rothstein, has announced to step aside from the case due to potential for conflict. Even though Rothstein’s appointment, and that of two previous federal court judges, were also made by Harper but they were never challenged. But none of them was from Quebec.

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