The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn't the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada's highest court. Here, for the first time, is the complete story of "the Nadon Reference" - one of the strangest sagas in Canadian legal history.

Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6.

With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.

The Tenth Justice tells the complete story of one of the strangest sagas in Canadian legal history: the ill-fated appointment to the Supreme Court of Canada of Justice Marc Nadon.

About the Author

Carissima Mathen is a professor of law at the University of Ottawa and a former director of litigation for the Women's Legal Education and Action Fund (LEAF). She is the author of Courts Without Cases: The Law and Politics of Advisory Opinions, the first legal monograph on the reference function of Canadian courts, and the recipient of numerous awards including the Law Society Medal (Law Society of Ontario) and the University of Ottawa Excellence in Media Relations Award. Michael Plaxton is a professor of law at the University of Saskatchewan. His teaching and research focuses on criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice, and Sovereignty, Restraint, and Guidance: Canadian Criminal Law in the 21st Century.

Book Information
ISBN 9780774864282
Author Carissima Mathen
Format Paperback
Page Count 280
Imprint University of British Columbia Press
Publisher University of British Columbia Press