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 – a federal court judge – 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. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.
About the authors
Carissima Mathen is Associate Professor of Law at the University of New Brunswick. She is a former Director of Litigation for the Women's Legal Education and Action Fund (LEAF). Professor Mathen's areas of expertise are constitutional, criminal and comparative constitutional law. She has published widely in these areas.
Michael Plaxton is associate professor of law at the University of Saskatchewan.