The Bungling of Justice Nadon's Appointment to the Supreme Court of Canada

Abstract

This is a story of constitutional imprudence caused by political short-termism that unfortunately resulted in predictable damages to the working of the Canadian Federation. It is the sad chronicle of a series of government decisions that do not reflect what is to be expected from true statesmanship. I will first address the formal process that lead to the nomination of Justice Nadon to the Supreme Court of Canada. I will then turn to the challenges to Justice Nadon’s appointment, Parliament's attempt at modifying the Supreme Court Act without following constitutional amendment procedures and the received warnings that it not only chose to ignore, but that it actively derided. I will then examine the Supreme Court’s reference invalidating that nomination and some of the foreseeable constitutional consequences of the majority’s opinion.