March 23, 2014

Kevin Gourlay

Reasons on Friday from the SCC concluding that Harper’s most recent appointment, the Honourable Marc Nadon, was not qualified to join their ranks as he did not meet the criteria of s. 6 of the Supreme Court Act.

Had the government inadvertently made an appointment that did not comply with the requirements of the Supreme Court Act, it would be far from scandalous.  However, after Justice Nadon’s appointment was challenged, the Conservative government then tried to force it through by amending the Act through two clauses added to a bill entitled Economic Action Plan 2013 ActNo. 2.  The Supreme Court found that this was unconstitutional as it was an attempt to amend the make-up of the Court.

Thus, the takeaway is that after a challenge was made to the Prime Minister’s unqualified appointment to the Supreme Court, the government then passed unconstitutional legislation to try to push the appointment through.  



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