New Supreme Court Justice Marc Nadon won’t hear cases until challenge resolved

OTTAWA – The newest member of the Supreme Court of Canada says he won’t hear any cases until a challenge to his appointment is resolved.

A Toronto lawyer is going to court to challenge Justice Marc Nadon’s eligibility for the high court.

Rocco Galati argues that Nadon – formerly a Federal Court of Appeal judge – does not qualify to fill one of three slots reserved for judges from Quebec on the top court.

Galati says only judges from Quebec’s appeals or superior courts, or lawyers who have belonged to the province’s bar for at least 10 years, can be appointed to the Supreme Court.

But former Supreme Court Justice Ian Binnie wrote a legal opinion for the federal government in support of Nadon’s appointment.