This Week At The SCC (21/03/14)

The Supreme Court of Canada released one judgment this week of significant interest to the legal profession.

In Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, a 6-1 majority ruled that the appointment of the Honourable Marc Nadon and his swearing-in as a judge of the Supreme Court of Canada were void ab initio, and that he remains a judge of the Federal Court of Appeal. The Court clarified that s. 6 of the Supreme Court Act, which requires that three of its nine judges be appointed "from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province", does not permit the appointment of persons who are not current members of the Quebec courts or Barreau du Québec at the time of their appointment, even if they previously occupied that position.