Supreme Court decides Harper appointment is unconstitutional


mentalfloss
#1
Marc Nadon appointment denied by Supreme Court

Prime Minister Stephen Harper's appointment of semi-retired Federal Court judge is not constitutional

Marc Nadon cannot take his seat on the Supreme Court of Canada, the court's justices said Friday.

In a six to one decision, a majority of justices on the top court ruled that Nadon doesn't qualify to join them on the court.

Toronto lawyer Rocco Galati had challenged the appointment of Nadon by Prime Minister Stephen Harper. Galati argued he didn't qualify for one of the court's three Quebec seats because he came from the Federal Court and not from a Quebec court.

Quebec judges are a special category because of the province's unique civil legal code, different from the common-law code in the rest of the country.

Harper referred the question to the court and Nadon stepped aside until the matter could be decided.

Marc Nadon appointment denied by Supreme Court
 
The Old Medic
Conservative
+1 / -1
#2
Yes indeed, nothing like letting Minorities dictate government policies.

It's WAY past time that Quebec either become an integral part of Canada, leaving its French heritage as exactly that, a heritage. They need to become one with a NATIONAL legal system, language, etc.

Or, they should choose to become an Independent country, retaining their French language, their French legal system, etc.
 
Locutus
#3
Quote: Originally Posted by mentalflossView Post

Marc Nadon appointment denied by Supreme Court

Prime Minister Stephen Harper's appointment of semi-retired Federal Court judge is not constitutional

Marc Nadon cannot take his seat on the Supreme Court of Canada, the court's justices said Friday.

In a six to one decision, a majority of justices on the top court ruled that Nadon doesn't qualify to join them on the court.

Toronto lawyer Rocco Galati had challenged the appointment of Nadon by Prime Minister Stephen Harper. Galati argued he didn't qualify for one of the court's three Quebec seats because he came from the Federal Court and not from a Quebec court.

Quebec judges are a special category because of the province's unique civil legal code, different from the common-law code in the rest of the country.

Harper referred the question to the court and Nadon stepped aside until the matter could be decided.

Marc Nadon appointment denied by Supreme Court

You seem more relaxed than Nuggler was.

forums.canadiancontent.net/ne...yet-no-ne.html (external - login to view)
 
L Gilbert
No Party Affiliation
#4
Quote: Originally Posted by mentalflossView Post

Marc Nadon appointment denied by Supreme Court

Prime Minister Stephen Harper's appointment of semi-retired Federal Court judge is not constitutional

Marc Nadon cannot take his seat on the Supreme Court of Canada, the court's justices said Friday.

In a six to one decision, a majority of justices on the top court ruled that Nadon doesn't qualify to join them on the court.

Toronto lawyer Rocco Galati had challenged the appointment of Nadon by Prime Minister Stephen Harper. Galati argued he didn't qualify for one of the court's three Quebec seats because he came from the Federal Court and not from a Quebec court.

Quebec judges are a special category because of the province's unique civil legal code, different from the common-law code in the rest of the country.

Harper referred the question to the court and Nadon stepped aside until the matter could be decided.

Marc Nadon appointment denied by Supreme Court

Good. I'd rather have a democratic republic with more decisions from the courts than the dictatorial decisions from a monarchic parliament.
 
Goober
Free Thinker
#5
Well Harper after telling the Lapdogs not to get into a pissing match over their bungled laws, appontments and changes to the Constitution. Oh yeah, Harper though he could change that,without the rest involved.

Now in a pissing match with the SCoC, Chief Justice.

Harper, McLachlin issue conflicting statements in unprecedented battle between a prime minister and chief justice | National Post

LONDON, Ont. — Prime Minister Stephen Harper says he did not take a call from Chief Justice Beverley McLachlin over the nomination of a new judge because it would be “inappropriate.” But McLachlin says she made no such call for Harper to refuse, resulting in an extraordinary contradiction between two of the most powerful people in the country.

The chief justice of the Supreme Court of Canada insisted Friday there was nothing wrong with how she and her office consulted with the federal government regarding a presumptive nominee to the high court’s ranks.

In a rare public statement, Chief Justice McLachlin confirmed that her office contemplated a meeting with Prime Minister Stephen Harper to discuss the eligibility of Federal Court judges from Quebec.

“Ultimately, the chief justice decided not to pursue a call or meeting,” said a news release from the Supreme Court that included a statement from McLachlin herself.

“Given the potential impact on the court, I wished to ensure that the government was aware of the eligibility issue,” McLachlin said.


“At no time did I express any opinion as to the merits of the eligibility issue. It is customary for chief justices to be consulted during the appointment process and there is nothing inappropriate in raising a potential issue affecting a future appointment.”


Harper said he consulted constitutional and legal experts both within and outside the government, and they agreed there would be no problem in nominating Nadon to one of the three spots on the court reserved for Quebec judges.

It would have been “totally inappropriate” to have consulted the Supreme Court justices themselves about the appointment, Harper said.

“The other suggestion that has been made is that rather than consulting experts from outside, I should have consulted judges who would eventually be ruling on the case,” Harper told a news conference in London, Ont.

“I believe that would be totally inappropriate.”

Were the prime minister or other minister of the Crown to consult a high court judge about a case due to come before the courts, “I think all the opposition, the media and the legal community would be completely shocked by that kind of behaviour,” Harper said.

“What I did was appropriate: I consulted both internal and external constitutional experts and I allowed the Supreme Court to make its own decision.”
 
Goober
Free Thinker
#6
Now what does Harper do but reinforce peoples opinion.
John Ivison: Harper’s attack on the Chief Justice qualifies as yet another blindside hit | National Post
 
Nuggler
#7
Quote: Originally Posted by GooberView Post

Now what does Harper do but reinforce peoples opinion.
John Ivison: Harper’s attack on the Chief Justice qualifies as yet another blindside hit | National Post




Something we've come to expect from das Helmet.
 
FiveParadox
Liberal
#8
It’s interesting to note that in this [very unscientific] poll on the CBC website (here), 94% of respondents think that the Prime Minister crossed the line in his dispute with the Chief Justice. (This is as opposed to the other 6% of respondents, only the most die-hard of Conservatives, who feel that the Chief Justice acted inappropriately.)
 
Goober
Free Thinker
#9
Quote: Originally Posted by FiveParadoxView Post

It’s interesting to note that in this [very unscientific] poll on the CBC website (here), 94% of respondents think that the Prime Minister crossed the line in his dispute with the Chief Justice. (This is as opposed to the other 6% of respondents, only the most die-hard of Conservatives, who feel that the Chief Justice acted inappropriately.)

Well Harper has paved the road with his good manners and Hi how are ya attitude.
And I still cannot stand Hairdo.
 
FiveParadox
Liberal
+2
#10  Top Rated Post
Queen breaks PM vs. Chief Justice impasse


Justin Trudeau (above), pictured walking suavely and handsomely down a street in the Papineau area.

Buckingham Palace announces new Canadian appointments to carry on government

LONDON — May 5, 2014 — In a surprising turn of events, Government House has announced that Her Majesty The Queen has broken the impasse between her Canadian prime minister and chief justice, by announcing a series of new appointments to the country’s top posts.

Effective immediately, The Right Honourable Justin Trudeau P.C., M.P. (Papineau) will be subdivided. His smooth and ever-calming voice has been invited to become Prime Minister and to form a Government in the Queen’s name; his luscious and shimmering hair has been tapped to sit on the top court as Chief Justice; and his arousing charm has been elevated to the post of Governor General. Buckingham Palace also provided Letters Patent constituting the Office of the Trudeau Trinity, indicating that these appointments are indefinite.

Buckingham Palace did not return requests for an interview. Gordon Brown, the Queen’s British prime minister, said: “I actually have no idea what you’re talking about. Canada’s where, again?” When asked whether it was proper for the Queen to intervene in Canadian affairs, Brown referred reporters to FiveParadox, Canada’s pre-eminent scholar on constitutional affairs.

FiveParadox’s office provided a written statement in response to questions about whether this would lead to a constitutional crisis: “Something something something constitutional monarchy. Something something something dark side.”

Source: Canadian Broadcasting Corporation (external - login to view)
 

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