OTTAWA – The Supreme Court of Canada is poised to deliver an unprecedented ruling later this week on whether Justice Marc Nadon is eligible to join its ranks.
The top court will release a ruling Friday on a reference regarding the constitutionality of Prime Minister Stephen Harper’s sixth appointment to the Supreme Court bench.
Justice Nadon has been in legal limbo since he was appointed by Harper last September.
A semi-retired judge from the Federal Court of Appeal, Nadon’s qualifications were questioned because he was appointed to one of three openings on the Supreme Court reserved for Quebec jurists.
A constitutional lawyer from Toronto, Rocco Galati, and the government of Quebec argued those Quebec appointments must come from specific courts listed in the Supreme Court Act.
The Harper government attempted to alter the Supreme Court Act’s language in an omnibus bill before referring the whole mess to the Supreme Court itself to sort out.