Supreme Court Act
L’Affaire Nadon: a Note on Justice Rothstein’s Recusal
A few weeks ago I appeared before the Senate Standing Committee on Legal and Constitutional Affairs about the proposed modifications to the Supreme Court Act. You can watch the hearing here (warning, quicker to stream than to download). I prepared lengthy written submissions, which you can download here. These modifications are, of course, the subject […] Read more
Sequesters, Quarantines, or Common Sense?
There are important legal questions about the ability of the Canadian federal government to appoint members of the Federal Court and Federal Court of Appeal to the three Québec seats on the Supreme Court of Canada. I discuss some of these in this podcast with the McGill Law Journal. These questions will be answered by […] Read more
More on section 6 of the Supreme Court Act: Legislative History and Purpose
I have posted already on the controversy surrounding the nomination of Nadon J.A., a judge of the Federal Court of Appeal, to the Supreme Court of Canada. The question is whether he meets the criteria imposed by ss. 5 and 6 of the Supreme Court Act. Some have been dismissive of the case mounted by […] Read more