Following a report that a Supreme Court shortlist had several ineligible judges, Justice Minister Peter MacKay says a new justice for Quebec will be named "very soon."
The process to replace Justice Morris Fish has thus far been contentious. Prime Minister Stephen Harper’s nomination to replace the retired judge was blocked by the Supreme Court in March, leaving a vacancy on the bench.
MacKay said the government had consulted the Quebec Bar -- called the Barreau du Quebec -- during the decision.
"We sought outside advice as well in this process," MacKay said during Monday’s question period in the House of Commons. “As a result of the Supreme Court decision we are now in a position where we will move forward and have a name that will result in a new Supreme Court justice for Quebec very soon.”
According to a Globe and Mail article published Friday, four of the six judges originally shortlisted to replace Fish were from federal courts, not the Quebec courts specified by law.
Three of the nine spots in Canada’s highest court are reserved for Quebec judges. Harper nominated federal court judge Marc Nadon to fill the vacant third spot, but Nadon was found to be ineligible for the position under sections five and six of the Supreme Court Act.
"At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province,” reads the act.
While Nadon is a former member of the Barreau du Quebec, the court ruled that the meaning of the act “has always excluded former advocates."
The process by which Harper chose Nadon has since come under scrutiny. Before the nomination, Chief Justice Beverley McLachlin attempted to make a phone call to the prime minister to express her concern over the short list of Supreme Court candidates she had seen, according to the Globe report.
The result was a public spat between the chief justice and the prime minister. Harper’s office originally characterized the call as "inappropriate" and "inadvisable."
Harper has yet to clarify what the government will do differently -- if anything -- to select a new nominee, aside from saying "the government will respect the ruling" of the Supreme Court and "will act accordingly."
The country’s top court has had an empty seat for the past nine months, and in November, another Quebec vacancy is set to open when Justice Louis LeBel steps down at the mandatory retirement age of 75.
