Supreme Court of Canada says NO to Marc Nadon

[sdw]

One of the wonderful things about the repatriation of the Constitution and the bill of Rights and Freedoms that P.E. Trudeau did is that it is almost impossible for a government to "stack" the Supreme Court of Canada the way the Americans "stack" their Supreme Court.

To be eligible to sit on the SCC, a judge has to have spent a minimum of 10 years sitting on the highest court in the province that has the opening to be filled on the SCC.

Marc Nadon hadn't sat in Quebec for the required amount of time - the SCC says that makes him ineligible.

The rule means that a Prime Minister is always required to appoint a Judge that was appointed by another Prime Minister - probably of a different political party - and therefore the political leaning of the proposed Judge cannot be counted upon.

http://www.cbc.ca/news/politics/marc-nadon-appointment-denied-by-supreme-court-1.2581388

http://www.theglobeandmail.com/news...-court-ruling-stephen-harper/article17607585/

Supreme Court rejects Harper appointee Marc Nadon

Sean Fine - Justice Writer

The Globe and Mail

Published Friday, Mar. 21 2014, 9:50 AM EDT

Last updated Friday, Mar. 21 2014, 10:37 AM EDT

The Supreme Court has dealt a stunning blow to Prime Minister Stephen Harper, ruling that his latest appointee to that court, Justice Marc Nadon of Quebec, is not legally qualified for the job.

The court ruled 6-1 that the purpose of the special appointment rules for Quebec judges is “to ensure civil law expertise and the representation of Quebec’s legal traditions and social values on the Court, and to enhance the confidence of Quebec in the Court.” Justice Michael Moldaver of Ontario dissented. . . .

 

[vancity_cowboy]

The rule means that a Prime Minister is always required to appoint a Judge that was appointed by another Prime Minister - probably of a different political party - and therefore the political leaning of the proposed Judge cannot be counted upon.

i'm not sure i follow this statement. could you please explain it a bit more? just askin'

 

[sdw]

i'm not sure i follow this statement. could you please explain it a bit more? just askin'

OK. The Prime Minister of Canada appoints Judges to the Provincial Superior Court and the Provincial Appeal Court. A Judge must be sitting as a Judge of a Provincial Superior or Appeal Court for 10 years before they are eligible for appointment to the Supreme Court of Canada.

Harper was trying to sell the idea that sitting as a Federal Judge in Quebec was the same as sitting as a Quebec Superior Court Judge. The SCC said "no way"

Anyway, Harper would have to serve as Prime Minister for more than 10 years in order to be able to appoint a Judge to the SCC that he had appointed to Provincial Superior or Appeal Court.

This is unlike the American system where the President can appoint a Judge to the Supreme Court from private practice or law school and even when looking at an appeal court judge - could appoint a judge that he appointed earlier in his mandate.

 

[Sonny]

The Constitution stipulates that a Quebec representative Supreme Court judge must be a current member of the Quebec bar with at least ten years standing.
The only issue is that Nadon was a Federal Court judge at the time of appointment and a past member of the Quebec bar, not then a current one.

A distasteful aspect is that Harper tried to do the appointment, a back door attempted amendment of the Constitution, by burying it in a omnibus budget bill.
Fortunately there are smart lawyers observing Mr. Harper's slimy behaviour and one, Toronto's Rocco Galati, sued the government.

http://news.ca.msn.com/top-stories/marc-nadon-appointment-rejected-by-supreme-court

 

[vancity_cowboy]

OK. The Prime Minister of Canada appoints Judges to the Provincial Superior Court and the Provincial Appeal Court. A Judge must be sitting as a Judge of a Provincial Superior or Appeal Court for 10 years before they are eligible for appointment to the Supreme Court of Canada.

Harper was trying to sell the idea that sitting as a Federal Judge in Quebec was the same as sitting as a Quebec Superior Court Judge. The SCC said "no way"

Anyway, Harper would have to serve as Prime Minister for more than 10 years in order to be able to appoint a Judge to the SCC that he had appointed to Provincial Superior or Appeal Court.

This is unlike the American system where the President can appoint a Judge to the Supreme Court from private practice or law school and even when looking at an appeal court judge - could appoint a judge that he appointed earlier in his mandate.

thank you, cheers