This is a story of constitutional imprudence caused by political short-termism that unfortunately resulted in predictable damage to the working of the Canadian federation. It is the sad chronicle of a series of government decisions that do not reflect what is to be expected from true statesmanship. The paper first addresses the formal process that led to the nomination of Justice Nadon to the Supreme Court of Canada. It the n turns to the challenges to Justice Nadon’s appointment, Parliament’s attempt to modify the Supreme Court Act without following constitutional amendment procedures and the received warnings that it not only chose to ignore, but actively derided. It the n examines the Supreme Court’s reference invalidating that nomination and some of the foreseeable constitutional consequences of the majority opinion.
"The Bungling of Justice Nadon’s Appointment to the Supreme Court of Canada."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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