Is this seat taken? Justice Marc Nadon & the Supreme Court
Supreme Court Justice Beverly McLaughlin maintains Canada's top judges keep open minds. But some believe that's just what the Conservative government is trying to prevent with its most recent appointment to the highest court. And they've launched a legal challenge as to whether Justice Marc Nadon is eligible to sit on the Supreme Court.
The Supreme Court has a difficult task ahead ... to rule on one of their own
This week, the Supreme Court of Canada was in the awkward position of deciding whether a judge can sit on the Supreme Court of Canada.
The judges reserved their decision after hearing arguments for and against allowing Justice Marc Nadon to join them on the bench.
Mr. Nadon is a former Federal Court of Appeal judge. He was appointed to represent Quebec on the nine-person Court in October. Justice Minister Peter McKay highly recommended him.
'Mr Justice Nadon is a highly qualified individual and a highly capable jurist. We are looking forward to him joining the 8 other members of the supreme court and doing what he has done throughout his career...exhibit legal excellence, to further demonstrate the merit that he as and the skill and intellectual ability he as possessed throughout his career.'- Justice Minister Peter McKay
At issue is not only whether Justice Nadon is qualified, but also whether the federal government bent -- and possibly broke -- the rules relating to how judges to the highest court are appointed.
- Alison Crawford is CBC Radio's parliamentary correspondent who covers the Supreme Court and she was in Ottawa.
- Sebastien Grammond is an lawyer in Ottawa who was also present at the hearing. He represented the Association of Provincial Court Judges at the hearing looking into Marc Nadon's appointment. Sebastien Grammond argues Marc Nadon is qualified to sit on the Supreme Court of Canada. We reached Sebastien in Ottawa.
- Philip Slayton didn't appear before the Supreme Court this week but if he had, you can bet he'd have a lot to say about Marc Nadon. Lawyer Philip Slayton is a former Supreme Court law clerk and the author of Mighty Judgment: How the Supreme Court of Canada Runs Your Life. He was in our Toronto studio.
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This segment was produced by The Current's Dawna Dingwall.