Justice Marc Nadon, who most recently served on the Federal Court of Appeal, has been nominated to the Supreme Court of Canada. Nadon will appear before a committee of MPs this week. Jacques Boissinot/Canadian Press
Prime Minister Stephen Harper has announced the nomination of Justice Marc Nadon to the Supreme Court of Canada.
Nadon will replace Justice Morris Fish, a Jean Chrétien appointee from Quebec who resigned from the Supreme Court on Aug. 31.
“I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary body of legal work … makes him an ideal candidate for the Supreme Court of Canada,” Harper said a written release Monday.
Nadon is a longtime judge on both the Federal Court and the Federal Court of Appeal, a judicial member of the Competition Tribunal and, among other things, an expert in maritime and transportation law.
“His nomination is the result of an extensive review process that included consultations with prominent members of the legal community in Quebec.”
In 2009, in a 2-1 judgment, the Federal Appeal Court upheld a ruling that ordered the Canadian government to press for the return of Omar Khadr from a U.S. military detention centre in Guantanamo Bay, Cuba.
In a dissenting opinion, Nadon wrote, "It is clear that Canada has decided not to seek Mr. Khadr’s repatriation at the present time. Why Canada has taken that position is, in my respectful view, not for us to criticize or inquire into.
"Whether Canada should seek Mr. Khadr’s repatriation at the present is a matter best left to the executive."
Nadon also wrote that Canada had used "all necessary means at its disposal" to protect Khadr and that the only possible steps for the government were the ones that it took through diplomatic channels.
Harper's nomination comes after an all-party panel of MPs gave the prime minister a list of three qualified candidates ranked in no particular order.
The panel was made up of Conservative MPs Shelly Glover, Jacques Gourdes, and Robert Goguen, NDP MP Françoise Boivin, and Liberal MP Dominic Leblanc.
Although the names of the other two candidates will not be disclosed, legal experts had expected one of the candidates to be a woman.
Nadon'sthe nine Supreme Court justices
"I think he [Harper] has to be more sensitive to the issue of gender equity," Mulcair said.
Asked if he had any concerns about Nadon's dissenting opinion on the Khadr case, Mulcair said MPs will have the opportunity to ask him about that during his confirmation this week.
Nadon's nomination is expected to be publicly confirmed by a panel of 12 MPs including Justice Minister Peter MacKay during a special Commons committee on Oct. 2.