Nadon Reference

E909178

Supreme Court of Canada decision constitutional law case reference case

Nadon Reference is a landmark 2014 Supreme Court of Canada decision that clarified the constitutional requirements for appointing judges to Quebec seats on the Court and affirmed limits on Parliament’s power to unilaterally amend those rules.

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Statements (47)

Predicate	Object
instanceOf	Supreme Court of Canada decision ⓘ constitutional law case ⓘ reference case ⓘ
alsoKnownAs	Reference re Nadon NERFINISHED ⓘ Reference re Supreme Court Act, ss. 5 and 6 NERFINISHED ⓘ
areaOfLaw	constitutional law ⓘ federalism ⓘ judicial appointments ⓘ
concernsProvision	Constitution Act, 1982, Part V NERFINISHED ⓘ Constitution Act, 1982, section 41(d) NERFINISHED ⓘ Constitution Act, 1982, section 42 NERFINISHED ⓘ Supreme Court Act, section 5 NERFINISHED ⓘ Supreme Court Act, section 6 NERFINISHED ⓘ
country	Canada ⓘ
court	Supreme Court of Canada NERFINISHED ⓘ
dateDecided	2014-03-21 ⓘ
held	Parliament cannot unilaterally change the eligibility requirements for Quebec seats on the Supreme Court ⓘ Parliament’s attempt to validate Justice Nadon’s appointment by ordinary legislation was unconstitutional ⓘ changes to the composition of the Supreme Court require the unanimous consent procedure under section 41(d) of the Constitution Act, 1982 ⓘ former advocates of the Quebec bar who are judges of the Federal Court are not eligible for Quebec seats under section 6 of the Supreme Court Act ⓘ judges appointed to Quebec seats on the Supreme Court must be from the Quebec bar or the Quebec superior courts at the time of appointment ⓘ the composition of the Supreme Court of Canada is constitutionally protected ⓘ
impact	affirmed the Supreme Court’s status as a constitutionally entrenched institution ⓘ clarified constitutional requirements for Quebec representation on the Supreme Court of Canada ⓘ limited Parliament’s power to unilaterally amend the Supreme Court’s composition ⓘ
issue	validity of the appointment of Justice Marc Nadon to the Supreme Court of Canada ⓘ
jurisdiction	federal ⓘ
languageOfDecision	English ⓘ French ⓘ
legalCitation	2014 SCC 21 ⓘ [2014] 1 S.C.R. 433 ⓘ
locationOfCourt	Ottawa, Ontario, Canada NERFINISHED ⓘ
originatingBody	Government of Canada NERFINISHED ⓘ
precedentFor	entrenchment of Quebec’s representation on the Supreme Court ⓘ limits on Parliament’s unilateral amendment powers regarding the Supreme Court ⓘ
reasoningFocus	historical purpose of Quebec representation on the Supreme Court ⓘ structure of the constitutional amending formula ⓘ textual interpretation of sections 5 and 6 of the Supreme Court Act ⓘ
relatedTo	Constitution Act, 1982 NERFINISHED ⓘ Marc Nadon NERFINISHED ⓘ Quebec civil law tradition NERFINISHED ⓘ Supreme Court Act NERFINISHED ⓘ
subjectMatter	appointment of Supreme Court of Canada judges ⓘ constitutional amendment procedures ⓘ interpretation of Supreme Court Act ⓘ
typeOfJudicialReview	reference under the Supreme Court Act ⓘ
yearDecided	2014 ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Reference re Supreme Court Act, ss. 5 and 6 (2014) → alsoKnownAs → Nadon Reference ⓘ