The Tenth Justice

Judicial Appointments, Marc Nadon, and the Supreme Court Act Reference

By Carissima Mathen & Michael Plaxton
Categories: Law & Legal Studies, Political Science, Canadian Political Science
Series: Landmark Cases in Canadian Law
Publisher: UBC Press
Hardcover : 9780774864275, 280 pages, June 2020
Paperback : 9780774864282, 280 pages, June 2020
Ebook (PDF) : 9780774864299, 280 pages, June 2020
Ebook (EPUB) : 9780774864305, 280 pages, June 2020
Ebook (MobiPocket) : 9780774864312, 205 pages, June 2020
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Table of contents

Introduction

1 What’s So Bad About Marc Nadon?

2 The Prime Minister’s Prerogative

3 Memos

4 Asking and Telling

5 The Legal Showdown

6 The Opinion and Its Critics

7 The Aftermath

8 Judicial Appointments Law

9 A Court Frozen in Amber

Conclusion

Appendix

Notes; Selected Bibliography; Index of Cases; Index

The Tenth Justice tells the complete story of one of the strangest sagas in Canadian legal history: the ill-fated appointment to the Supreme Court of Canada of Justice Marc Nadon.

Description

The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.