Brian Radnoff, Commercial Litigation Lawyer, provides his opinion on Canada's newest Supreme Court Judge Marc Nadon.
In Radnoff's view, Justice Nadon is an excellent candidate. "I had the opportunity to appear before Justice Nadon while he was sitting on the Federal Court Trial Division. I am certain he will be a valuable addition to the Supreme Court," says Radnoff.
Justice Nadon will be replacing Justice Morris Fish of Quebec, the recently retired Liberal appointee who has advocated for the rights of accused people. The Globe and Mail notes that Nadon's appointment will complement the conservative nature of the court.
Radnoff expresses that "Justice Nadon and Justice Fish have very different backgrounds, so it is difficult to compare the two...Justice Fish had more of a criminal background and was thought to be more sympathetic to individual rights. It has been assumed that a judge from a different background would be less sympathetic to individual rights and particularly the rights of defendants in criminal cases. Any such assumption is pure speculation as one's background is not the only relevant factor in how one approaches the law."
While Radnoff does not question Justice Nadon's ability or credentials, he believes that the appointment raises questions about the age of judges appointed to the court, as well as gender equality in the high court. "First, he is reported as being supernumerary, which means he no longer sits full time. This is normally a step judges take before they are about to retire. He is also 64, meaning he is only 11 years from mandatory retirement. It is odd that the government would appoint someone who is older and near retirement when this was not necessary," says Radnoff. "Second, there should be better gender balance on the court and there is no shortage of qualified female candidates. I would have preferred an appointment that gets the court closer to gender balance."
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