Justice Nadon
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Richardson: Rigorous Vavilov Review
In one of the Federal Court of Appeal’s post-Vavilov cases, CNR v Richardson, the Court (per Nadon JA) demonstrates that Vavilov review, on substantive questions of law, will not be inattentive or subordinate to administrative discretion. Indeed, while some suggest that Vavilovian review is “inherently deferential,” I see the matter quite differently: Richardson shows how Continue reading
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« Suffisamment québécois »
Le nouveau juge en chef de la Cour d’appel fédérale, Marc Noël, a récemment prononcé un discours qui explique très bien les problèmes soulevés par l’avis rendu par la Cour suprême dans l’Affaire Nadon, Renvoi relatif à la Loi sur la Cour suprême, art. 5 et 6, 2014 CSC 21, [2014] 1 R.C.S. 433. Ces problèmes, sont aussi au Continue reading
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What You Wish For
As promised, here are some thoughts on the Supreme Court’s opinion in l’affaire Nadon, Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21. As I mentioned in my last post, which summarized the majority opinion and Justice Moldaver’s dissent, I think that the majority opinion is a weak one. I should note that my views here seem to be very Continue reading
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No-don
Yesterday, the Supreme Court has delivered its opinion concerning the legality and constitutionality of the appointment (and swearing in by the Court!) of Justice Nadon, Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21. By a 6-1 majority, it finds that Justice Nadon’s appointment was not authorized by s. 6 of the Supreme Court Act, and that the enactment by Parliament Continue reading
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Cross-Purposes
I wrote some time ago about the challenges, legal and political, to the appointment of Justice Marc Nadon to the Supreme Court. I argued that although the appointment was unwise because Justice Nadon did not bring enough to the Court, the legal challenge to it, on the basis that he did not fulfill the requirements Continue reading
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Tempest in a Teapot
I’m quite late to the topic, but I want to say something about the debacle that is Justice Nadon’s appointment to the Supreme Court. The government’s decision to appoint him is being attacked both legally and politically, and while the political criticism cannot undo it, the legal challenge could, in theory, and has already forced Continue reading
Double Aspect 