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"On 11 August 2016 the Minister of Justice and Attorney General of Canada appeared before the House of Commons Standing Committee on Justice and Human Rights (the "Committee") to outline the new process and to hear the Committee's views on this new approach. During that meeting, she also informed the Committee that she would come back with the Chair of the Advisory Board when the nominee had been selected by the Prime Minister to explain how the new process unfolded and the reasons why the nominee was chosen. That follow-up meeting was held on 24 October 2016, one week after the nominee was announced by the Prime Minister. During the meeting, the Committee was invited by the Justice Minister to submit any recommendations that it thought would improve the new selection process of Supreme Court justices. This report responds to that invitation by presenting the Committee's observations and recommendations with regard to the procedures that should be used to fill vacancies to the Supreme Court of Canada as they arise"--Intro., p. 1.
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 – a federal court judge – 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. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.