Justice Marc Nadon chosen for Supreme Court

Prime Minister Stephen Harper hasannounced the nomination of Justice Marc Nadontothe Supreme Court of Canada.

Nadon will replace Justice Morris Fish, a Jean Chrtien appointee from Quebec who resigned from the Supreme Courton Aug.31.

I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary body of legalworkmakes him an ideal candidate for the Supreme Court of Canada, Harper said a written release Monday.

Harper's nomination fills a Quebec-designated seat, thoughNadonis currently a judge of the Federal Court of Appeal where he has served since 2001.

Nadonserved as a judge of the Federal Court of Canada, trial division, and as an ex officio member of the Federal Court of Appeal from 1993-2001.In 1994,Nadon was appointed judge of the Court Martial Appeal Court of Canada and, in 1998, a judicial member of the Competition Tribunal.

Nadon is consideredan expert in maritime and transportation law, among other things.

His nomination is the result of an extensive review process that included consultations with prominent members of the legal community in Quebec," Harper said.

Because the Supreme Court Act requires the three judges from Quebec tobe appointed from among the judges of the Court of Appeal or of the Superior Court of Quebec or from among the advocates of that province,a legal opinion was sought to determine whetherNadonwas eligible for an appointment to the high court.

It was the legal opinion of former Supreme Court of Canada justice Ian Binniethat Nadon wasqualified to be appointed to the country's highest court.

Nadon has ruled on high-profilecases, including Green Party Leader Elizabeth May's attempt to obtain a court order that would have allowed her to join the televised leaders' debates during the federal election campaign.Nadon was the Federal Court judge who ruled he would not hear the party's arguments.

In 2009, in a 2-1 judgment, the Federal Appeal Court upheld a rulingthat ordered the Canadian government to press for the return of Omar Khadr from a U.S. military detention centre in Guantanamo Bay, Cuba.

In a dissenting opinion, Nadon wrote, "It is clear that Canada has decided not to seek Mr. Khadrs repatriation at the present time. Why Canada has taken that position is, in my respectful view, not for us to criticize or inquire into.

"Whether Canada should seek Mr. Khadrs repatriation at the present is a matter best left to the executive."

Nadon also wrote that Canada had used "all necessary means at its disposal" to protect Khadr and that the only possible steps for the government were the ones that it took through diplomatic channels.

Gender equity

Harper'snomination comes after an all-party panel of MPsgave the prime ministera list of three qualified candidates ranked in no particular order.

The panel was made up of Conservative MPs Shelly Glover, Jacques Gourdes, and Robert Goguen,NDP MP Franoise Boivin, andLiberal MP Dominic Leblanc.

Although the names of the other two candidates will not be disclosed, legal experts had expected one of the candidates to be a woman.

If confirmed, Nadon's appointment to the high court will bring the number of men to six. Three of the nine Supreme Court justices are women.

NDPLeader TomMulcaircongratulatedNadonon his "promotion" saying it is "the most important nomination in the life of a judge."

Despite his congratulations, the leader of the Official Opposition said "it was "rather surprising" to see a ratio of six men to three women on the high court.

Mulcairtold reporters gathered on Parliament Hill on Monday that more women than men graduate from law school and that Harperought to considerevening out the high court's gender balance to reflect that reality.

"I think he [Harper] has to be more sensitive to the issue of gender equity," Mulcair said.

Harper will have anotheropportunity to address the gender gap next year when Justice Louis LeBelleaves the bench afterreaching the mandatory retirement age of 75.

Asked if he had any concerns about Nadon's dissenting opinion on the Khadr case, Mulcair said MPs will have the opportunity to ask him about that during his confirmation this week.

Nadon's nomination is expected to be publicly confirmed by a panel of 12 MPsincluding Justice Minister Peter MacKay during a special Commonscommittee on Oct. 2.