Nadon Reference

E909178

Nadon Reference is a landmark 2014 Supreme Court of Canada decision that clarified the constitutional requirements for appointing judges to Quebec seats on the Court and affirmed limits on Parliament’s power to unilaterally amend those rules.

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Nadon Reference canonical 1

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Statements (47)

Predicate Object
instanceOf Supreme Court of Canada decision
constitutional law case
reference case
alsoKnownAs Reference re Nadon
Reference re Supreme Court Act, ss. 5 and 6
areaOfLaw constitutional law
federalism
judicial appointments
concernsProvision Constitution Act, 1982, Part V
Constitution Act, 1982, section 41(d)
Constitution Act, 1982, section 42
Supreme Court Act, section 5
linked to: Supreme Court Act

Supreme Court Act, section 6
linked to: Supreme Court Act
country Canada
court Supreme Court of Canada
dateDecided 2014-03-21
held Parliament cannot unilaterally change the eligibility requirements for Quebec seats on the Supreme Court
Parliament’s attempt to validate Justice Nadon’s appointment by ordinary legislation was unconstitutional
changes to the composition of the Supreme Court require the unanimous consent procedure under section 41(d) of the Constitution Act, 1982
former advocates of the Quebec bar who are judges of the Federal Court are not eligible for Quebec seats under section 6 of the Supreme Court Act
judges appointed to Quebec seats on the Supreme Court must be from the Quebec bar or the Quebec superior courts at the time of appointment
the composition of the Supreme Court of Canada is constitutionally protected
impact affirmed the Supreme Court’s status as a constitutionally entrenched institution
clarified constitutional requirements for Quebec representation on the Supreme Court of Canada
limited Parliament’s power to unilaterally amend the Supreme Court’s composition
issue validity of the appointment of Justice Marc Nadon to the Supreme Court of Canada
jurisdiction federal
languageOfDecision English
French
legalCitation 2014 SCC 21
[2014] 1 S.C.R. 433
locationOfCourt Ottawa, Ontario, Canada
linked to: Ottawa
originatingBody Government of Canada
precedentFor entrenchment of Quebec’s representation on the Supreme Court
limits on Parliament’s unilateral amendment powers regarding the Supreme Court
reasoningFocus historical purpose of Quebec representation on the Supreme Court
structure of the constitutional amending formula
textual interpretation of sections 5 and 6 of the Supreme Court Act
relatedTo Constitution Act, 1982
Marc Nadon
Quebec civil law tradition
linked to: Quebec law

Supreme Court Act
subjectMatter appointment of Supreme Court of Canada judges
constitutional amendment procedures
interpretation of Supreme Court Act
typeOfJudicialReview reference under the Supreme Court Act
yearDecided 2014

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