Wednesday, January 15, 2014

Appointment of Justice Nadon: Tempest in a Teapot

I just do not see what the fuss is about.  

Appointments to the Supreme Court are entirely within the power of the PMO anyway.  The real challenge is to bring those appointments in line with other judicial offices and have proper search committees and recommendations as elsewhere.  

The idea that a Federal Court of Appeals judge doesn't qualify as a legitimate candidate for the Supreme Court strikes me as pettifogging:

OTTAWA -- A constitutional battle will be engaged today over whether the government is free to change the rules for the top court in the land.

It didn't start out that way, but last fall's unremarkable appointment of Federal Court of Appeal Judge Marc Nadon to the Supreme Court of Canada has opened up a legal can of worms.

Seven interveners are taking part, including the federal and Quebec governments, an association of provincial court judges and a number of constitutional experts.

Story here


Anonymous said...

...incrementalism is based on a series of perceived pettifogging steps---that has been Harper's game plan since 2006

rockfish said...

I think if the Detroit Red Wings can verify his draft statement, then perhaps the veracity of Nadon's worthiness will be not an issue.
The guy's a yes-man picked from Harper's stable of clonebots. Parliament has given him too much of what he wants, and not even the sleeper sheeple like Chong are powered to stop him. So let the courts do it.

Anonymous said...

Parliament has given him too much of what he wants?
Unless I'm mistaken isnt Parliament basically the voters?
Nadon will pass. This same noise came from the right for 10 years when Chretien filled the court as well. Here's a little tip, win an election and you get to fill vacancys in the SCC.

KC said...

"Appointments to the Supreme Court are entirely within the power of the PMO anyway"

Not exactly. It is not a wholly discretionary decision. Appointments still have to fall within the parameters set out in the Supreme Court Act. There seems to be a serious question whether this particular appointment did.

And it isnt that a Federal Court judge can't be appointed to the Supreme Court. The question is whether a federal court judge can fill one of the 3 seats reserved for "judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province". There is no question that a federal court judge could fill the other six.

Legalities aside, I don't see why Nadon can't be appointed. He is trained in civil law after all (which was the purpose of the provision).

But since we're talking about law, we can't really set legalities aside.