Article content

OTTAWA – It’s been a tough first week for Canada’s newest Supreme Court justice, who says he won’t participate in matters before the court just yet because his appointment is now the subject of a legal challenge.

We apologize, but this video has failed to load.

tap here to see other videos from our team. Try refreshing your browser, or Marc Nadon's appointment to Supreme Court of Canada faces legal challenge by Toronto lawyer Back to video

A high-profile Toronto lawyer has filed an application for judicial review, contesting the appointment of Marc Nadon, a former Federal Court and Federal Court of Appeal judge from Quebec who was sworn in as the newest member of the Supreme Court earlier this week.

Rocco Galati says that according to the Supreme Court Act, Nadon cannot sit on the high court. Galati argues the act limits Quebec’s three Supreme Court appointments to members of the Court of Appeal, superior justices of Quebec and Quebec lawyers with 10 years’ standing at the bar “just prior to nomination for appointment.”

Nadon, 64, most recently spent 12 years as a Federal Court of Appeal judge and eight years on the Federal Court before that. Prior to becoming a judge, he spent two decades as a lawyer specializing in maritime and transportation law at Fasken Martineau Walker in Montreal.