Canadian Supreme Court

9 Justices sit on the Supreme Court

Justices are appointed by the Governor General after a selection by the Prime Minister

The Provinces and Parliament are not part of the process.  This is a contentious issue.

Eligibility Judges must be members of a superior court or members of the bar for ten years or more.

 3 Judges must be from Quebec Superior Court.  This is because Quebec has a civil code instead of Canadian common law.  This was established in the Constitution Act 1867

By convention, the remaining six positions are divided in the following manner: Three from Ontario

Two from the western provinces, typically one from British Columbia and one from the prairie provinces, which rotate amongst themselves

One from the Atlantic provinces, almost always from Nova Scotia or New Brunswick.

Retirement is mandatory at 75

Judge Nadon served on the Quebec bar from 1974 to 1993 In 1993 he was appointed to the Federal Court of Canada.

Nadon does not meet the specific requirement of being a member of the Quebec court system

The Federal government is claiming his experience makes him eligible. Quebec Superior Court

omnibus The government used an omnibus budget bill to redraft the Supreme Court Act language to “clarify” Nadon’s eligibility. Redraft the Supreme Court Act?

The “Constitutionality” of Nadon’s selection and subsequent change to the Supreme Court Act is now being challenged.

Question In a paragraph explain your opinion of the Supreme Court decision made at 3pm today.