Paper $30.95 ISBN: 9780774864282 Published July 2020 For sale in USA only
Cloth $83.00 ISBN: 9780774864275 Published September 2020 For sale in USA only

The Tenth Justice

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

Carissima Mathen

The Tenth Justice

Carissima Mathen

Distributed for University of British Columbia Press

205 pages | 5 2/4 x 8 2/4
Paper $30.95 ISBN: 9780774864282 Published July 2020 For sale in USA only
Cloth $83.00 ISBN: 9780774864275 Published September 2020 For sale in USA only

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 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.
Following the Prime Minister’s announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, on 21 March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and consitutional law by releasing the Reference re Supreme Court Act, ss 5 and 6. In The Tenth Justice, Carissima Mathen and Michael Plaxton set out the history of judicial appointments, the legal and political context that gave rise to the Reference re Supreme Court, and the impact that the decision has had on legal and constitutional debate in Canada.
With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.

Contents
Introduction
What’s So Bad About Marc Nadon?
The Prime Minister’s Prerogative
Memos
Asking and Telling
The Legal Showdown
The Opinion and Its Critics
The Aftermath
Judicial Appointments Law
The Frozen Court?
Self-Referential
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