Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Friday, November 01, 2013

Marc Nadon, Supreme Court Nominee, Already Has Office At Top Court, Despite Challenge

OTTAWA - The Supreme Court of Canada's newest nominee already has an office amongst his colleagues despite the fact that his appointment is being contested in court.

Two sources tell The Canadian Press that Marc Nadon has an office at the Supreme Court building in Ottawa, even as his new office neighbours are preparing to judge his case.

A third source says the controversy is creating discomfort within the country's top legal institution.

In January, the eight current justices will consider whether Nadon is eligible to occupy the now-vacant ninth spot on the bench. The court had been asked to offer its opinion by the Conservative government, amid an ongoing controversy.

The appointment also faces a legal challenge from a Toronto lawyer who argues that the Ottawa-dwelling Federal Court judge does not meet the residency requirements, and the Quebec government has also contested the appointment.

Because Nadon has spent the last two decades on various federal courts, critics argue that he won't be familiar enough with Quebec's civil code to serve as one of the province's three guaranteed representatives on the high court.

The challenge, which is unusual in the naming of a Canadian Supreme Court justice, has already sidelined Nadon from hearing cases and left the high court short one judge.

Opposition parties are questioning the use of office space.

"Not only is this delicate for the Supreme Court judges, having to determine if their future colleague ... is qualified or not. If on top of that they're bumping into him (at work) and getting to know him better and better ... it doesn't seem too credible, this whole process," said the Bloc Quebecois' Andre Bellavance.

The NDP's Francoise Boivin said she believes the would-be nominee has settled into his space because he already has the prime minister's approval.

The Harper government argues that a Federal Court judge is perfectly qualified to serve and has tucked an amendment of the Supreme Court Act into a budget-implementation bill in support of its position.

Original Article
Source: huffingtonpost.ca
Author: Fannie Olivier

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