The situation with regard to proposed Supreme Court Justice Marc Nadon isn’t getting any better. Last week the government sent a reference question to the Supreme Court of Canada. It asked the Court to confirm that Justice Nadon has the right to his appointment, even though the Supreme Court Act does not specifically mention a judge from the Federal Court taking one of Quebec’s three constitutionally guaranteed seats on the bench. This puts the Court in the very awkward position of having to rule on the propriety of a potential colleague. In response, the Court sent a letter to the Attorney General stating that Justice Nadon may not contact the Court, work on cases, or use his office. In fact, he is not even allowed in the building.
The Supreme Court has a busy fall docket ahead of it, including the reference from the government about reforming the Senate. It is hard to say how soon it will be able to turn its attention to this newest reference. In the meantime, it is down one member. In addition, one of the eight justice s will have to sit out each hearing to avoid the possibility of a tie vote.
Also last week, The Quebec National Assembly rejected the Nadon appointment, stating that Prime Minister Harper should have chosen one of the Quebec judges recommended by the Quebec nominating committee.
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