In a further demonstration of the tension between the Prime Minister’s Office and the Supreme Court of Canada, it has been reported that The Right Honourable Beverley McLachlin P.C., C.St.J., the Chief Justice of Canada, warned Her Majesty’s Government that there could be “issues” with the appointment of The Honourable Marc Nadon, Justice of the Federal Court, to the country’s top court as one of the three Québec justices.
Nevertheless, the Prime Minister moved ahead with the appointment anyway. Months later, after a lawsuit by a Québec barrister, and a costly reference to the Supreme Court, the appointment was declared unconstitutional and Justice Nadon’s appointment was rendered void. This is yet another example of the Prime Minister’s complete lack of respect for the Constitution Acts, 1867-1982, and Canadian institutions.
The Government has taken several high-profile hits before the Supreme Court in recent weeks:
Conservatives, apparently, are incensed that the Supreme Court has knocked back the Government so frequently in recent weeks. In my view, though, if your Government’s agenda is being blocked by the Supreme Court as “unconstitutional,” then maybe it’s time for these initiatives to be rethought and brought in line with the fundamental principles of justice, and the framework of Canadian law.
Source: CBC - Ottawa warned of potential problem before before Marc Nadon named to supreme courtSource: The Globe & Mail - Harper v. the Supreme Court: Five recent losses for the PM
Nevertheless, the Prime Minister moved ahead with the appointment anyway. Months later, after a lawsuit by a Québec barrister, and a costly reference to the Supreme Court, the appointment was declared unconstitutional and Justice Nadon’s appointment was rendered void. This is yet another example of the Prime Minister’s complete lack of respect for the Constitution Acts, 1867-1982, and Canadian institutions.
The Government has taken several high-profile hits before the Supreme Court in recent weeks:
- having its Senate reform proposals rebuked as unconstitutional (an 8-0 decision);
- striking down an attempt to restrict judges’ discretion for offenders’ pre-sentencing credit (a 7-0 decision);
- declaring prisoners have the right, per habeus corpus, to prompt access to superior courts (an 8-0 decision);
- declaring the The Hon. Marc Nadon’s Supreme Court appointment as unconstitutional (a 6-1 decision); and
- declaring an attempt to retroactively change parole rules to be unconstitutional (an 8-0 decision).
Conservatives, apparently, are incensed that the Supreme Court has knocked back the Government so frequently in recent weeks. In my view, though, if your Government’s agenda is being blocked by the Supreme Court as “unconstitutional,” then maybe it’s time for these initiatives to be rethought and brought in line with the fundamental principles of justice, and the framework of Canadian law.
Source: CBC - Ottawa warned of potential problem before before Marc Nadon named to supreme courtSource: The Globe & Mail - Harper v. the Supreme Court: Five recent losses for the PM