The nomination of Justice Marc Nadon from the Federal Court of Appeal to the Supreme Court raises a serious constitutional issue. Far from being anecdotal, this nomination contradicts both the text and the spirit of the Canadian Constitution which, since 1982, protects the Supreme Court of Canada as the highest judicial institution in general, and the composition of that Court in particular (in accordance with sections 41 d) and 42d) of the Constitution Act 1982. Much more than an awkward nomination, the Nadon controversy puts directly in question the weight of Quebec’s civil law within the Supreme Court, and by extension, the binary nature of the Canadian legal system. This matter is important, because as with Senate reform and the changes to royal succession (two other issues before the courts), the federal government is unilaterally proceeding with changes to the constitution and to the rules that are protected by a procedure which requires the consent of the provinces.
Nadon nomination an embarrassment to our judicial system
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