Nadon pick unconstitutional, justices told

The appointment of a Quebec Supreme Court judge who hasn’t worked in the province for decades would violate the Constitution and hurt Quebec’s representation on the country’s top court, the Supreme Court heard Wednesday. In an unprecedented case, the justices heard arguments about whether former Quebec lawyer Justice Marc Nadon, who hasn’t practised law in the province for two decades and was most recently a Federal Court of Appeal judge in Ottawa, is eligible to represent Quebec on the top court. They’re also trying to determine whether the federal government can unilaterally amend the law to specify that Quebec lawyers not currently working in the province are eligible to accept Supreme Court nominations. Six hours of arguments wrapped up Wednesday afternoon, but a decision might not be released for several months. Nadon was appointed to the Supreme Court in the fall to occupy one of three seats reserved for Quebec. But his appointment was challenged almost immediately and he had to step aside in October . Rocci Galati, the Toronto lawyer who launched the initial challenge against Nadon’s appointment, told reporters outside the courthouse that the composition of the Supreme Court — which requires three of the nine justices to come from Quebec — is constitutionally protected and that the government’s appointment of someone who hasn’t lived in the province for years shows “serious disregard for constitutional process and the Constitution period.” The government of Quebec says the Supreme Court Act mandates Quebec appointees come from the province’s Court of Appeal, work at its superior court or be Quebec lawyers with at least 10 years’ experience . Andre Fauteux, the lawyer representing Quebec, said it’s not enough for Supreme Court appointees to have previously worked or studied in the province — rather, they need a contemporary link to the province and an understanding of the present culture . No one is sure when to expect a decision, but Paul Slansky, who addressed the court on behalf of Constitutional Rights Centre, said he suspects it will come soon . “They’re now sitting with eight, they’re going to want to get their complement sorted out one way or the other as soon as possible.”