Lawyer challenges new top court appointment
OTTAWA - Less than a week on the job and already newly appointed Supreme Court Justice Marc Nadon has courted his share of controversy.
The first kerfuffle came after he told a parliamentary committee the NHL's Detroit Red Wings drafted him as a youngster.
He later clarified that the team never actually drafted him and that he was using the term in a much looser sense.
Now a Toronto lawyer is going to court to challenge Nadon's appointment.
Rocco Galati argues that Nadon â€” formerly a Federal Court of Appeal judge â€” does not qualify to fill one of three slots reserved for judges from Quebec on the Supreme Court's bench.
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.
Galati is asking the court to compel the government to turn over Binnie's legal opinion and any other advice it sought.
He is also seeking an interim order to stay Nadon's appointment.