Harper won’t contest Nadon rejection
‘We are going to respect the decision,’ PM says of Supreme Court ruling
THE HAGUE, NETHERLANDS — Prime Minister Stephen Harper said Tuesday he will accept both the letter and the spirit of a Supreme Court of Canada decision last week that rejected Marc Nadon, his hand-picked nominee for the top court.
“What I can tell you is that we are obviously going to respect the decision and not just the letter of the decision, but the spirit of the decision,” Harper said at the end of a two-day, 52-country summit on nuclear security.
In a major blow to the government, the Supreme Court on Friday quashed Nadon’s appointment because six of the seven justices who heard the case concluded he did not meet the statutory criteria to sit as a justice from Quebec on Canada’s highest court.
Until Tuesday, there had been subtle hints that the government was looking to ignore the court’s decision and again try to name Nadon to its bench.
But Harper put the rumours to rest Tuesday. And in an interview with Global News, Nadon also indicated his candidacy was at an end.
“We obviously were very surprised” at the top court’s decision, Harper said, “because this issue had been raised with us as a very hypothetical (one) and we had commissioned expert opinion on it, which was completely contrary to the decision.
“That said, that is the decision. We are still examining the decision. We haven’t taken a decision on who the candidate will be. We haven’t even taken a decision on taking a decision on the process.”
Nadon told Global News that he has not applied to the Quebec bar — a move that could, technically, make him eligible for appointment to the top court. After several months of living in limbo, the Supreme Court’s ruling “has certainly ended the uncertainty,” he said.
“It’s not a shock, but I mean it’s been going on for six months, so I’m a bit like a diver who’s been underwater for too long. So I need to take some fresh air a bit, and breathe,” Nadon told Global.
In the House of Commons, Liberal Leader Justin Trudeau said there has been a Quebec vacancy on the Supreme Court of Canada for more than seven months “due to the prime minister’s poor judgment.”
Justice Minister Peter MacKay said: “We obviously intend to fill that position. We’re examining (the court’s decision) and we will proceed post-haste.”
With the crisis in Ukraine dominating the prime minister’s agenda since he arrived in Europe last Friday, Tuesday was the first opportunity that journalists had to ask Harper about the Supreme Court’s rejection of Nadon.