Law Times

Page 2 October 7, 2013 Law Times • NEWS Nadon's nomination draws praise, criticism from legal community BY YAMRI TADDESE Law Times W hile there was lots of criticism of last week's nomination of Justice Marc Nadon to the Supreme Court of Canada bench, one lawyer who does lots of work there had nothing but praise for the government's move. "This prime minister, as with others before him, probably appointed both the very best Canada has to offer as well as the very best that the court needs for its working docket," says Eugene Meehan of Ottawa's Supreme Advocacy LLP. "He will take the job seriously, not take himself seriously, and be comfortable joining already active and strong juridical captains," The Advocates' Society Arbitration and Mediation Advocacy Practice Group will honour Yves Fortier, C.C., O.Q., Q.C. with The Roger Fisher Lifetime Achievement Award in ADR Thursday, October 24th, 2013 The Ritz-Carlton, Toronto 181 Wellington Street West Reception and Dinner beginning at 6:30 p.m. Dress: Business Attire Tribute Speakers: V. V. Veeder, Q.C., Essex Court Chambers, London Pierre Bienvenu, Ad. E., Norton Rose Fulbright, Montreal Judge Stephen M. Schwebel, Essex Court Chambers, London For more information, contact Rachel Stewart (416) 597-0243 ext. 129 or rachel@advocates.ca Generously sponsored by: Premier Sponsor Media Sponsor Wine Sponsor Supported by: AdvocateSociety_LT_Sep23_13.indd 1 13-09-19 10:57 AM www.lawtimesnews.com years as a practising Meehan adds. member of the BarSocial media, reau du Québec; armeanwhile, was bitrator; teacher; and abuzz with commenauthor — makes him tary from lawyers last an ideal candidate for week as they reacted the Supreme Court of to Nadon's nominaCanada," Harper said tion to the Supreme in an announcement. Court. Following the "His nomination announcement, lawis the result of an exyers took to Twitter Justice Marc Nadon tensive review proto have their say on cess that included consultations the nomination. "Marc Nadon. Semi retired, with prominent members of the conservative, boring," wrote legal community in Quebec." Nadon has experience in inUniversity of Toronto law proternational, corporate, commerfessor Brenda Cossman. "Don't expect any innova- cial, insurance, and transportative thinking about #Charter tion law. Although the Supreme or #CriminalLaw from #Marc- Court already has judges with Nadon," wrote criminal lawyer expertise in these areas, Nadon's addition will improve "the bench Arun Maini. Another lawyer, Megan Seto, strength of the top court," Meeloudly anticipated the appoint- han notes. "This appointment ment would stir talks on the repre- further complements that need sentation of women on the bench. and does so with both experience "If you thought talks on gender and expertise. He will be ready on the bench would quiet down, to start work next week and will well brace yourself. Marc Nadon indeed do so with the court's fall session opening next weekend." tapped for #SCC," she wrote. In reacting to Nadon's nomiNadon has been a member of the Federal Court of Appeal nation, lawyers and other pundits bench since 2001 and prior to that highlighted his role in the highwas a judge of the Federal Court of profile case of Canada (Prime Minister) v. Khadr. Nadon disCanada from 1993-2001. In nominating Nadon, Prime sented in the 2009 Federal Court Minister Stephen Harper called of Appeal ruling as he sided with the government's stance that it him "an ideal candidate." "I am pleased to announce the should be up to the authorities nomination of Mr. Justice Nadon, to decide whether to bring Omar whose extraordinary body of legal Khadr back to Canada from work —  as a longtime judge on Guantanamo Bay, Cuba. "Whether Canada should seek both the Federal Court and the Federal Court of Appeal; judi- Mr. Khadr's repatriation at the cial member of the Competition present is a matter best left to the Tribunal; expert in maritime and executive," wrote Nadon. "In other words, how Canada transportation law with almost 20 should conduct its foreign affairs, including the management of its relationship with the U.S. and the determination of the means by which it should advance its position in regard to the protection of Canada's national interest and its fight against terrorism, should be left to the judgment of those who have been entrusted by the democratic process to manage these matters on behalf of the Canadian people." Nadon's strength is what Meehan calls "practical, everyday law." "While his transportation and maritime law expertise may not be in immediate high demand, he also has international, insurance, and commercial law expertise and brings two decades of judicial experience," he says. As to the diversity of the bench, Meehan says it's best to appoint the most qualified people as opposed to "the best label." "The Supreme Court is always right because they are always last," he says. "That supreme need to get it right leads to a parallel debate on whether an aboriginal should be appointed, the best woman, the best gay, the best Scotsman or the best aboriginal gay Scottish lady. "I rather think most people would be satisfied in knowing that the best person is appointed to this most important, highest of jobs instead of the best label." LT

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