Chief Justice Beverley McLachlin welcomes Clment Gascon to Supreme Court - Action News
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Chief Justice Beverley McLachlin welcomes Clment Gascon to Supreme Court

Canada's top judge is welcoming the Harper government's latest appointment to the Supreme Court. In a statement today, Chief Justice Beverley McLachlin calls Clment Gascon "a distinguished jurist."

Gascon to replace Justice Marc Nadon, the previous candidate for Quebec vacancy who was deemed ineligible

Supreme Court vacancy filled

10 years ago
Duration 2:13
Prime Minister Stephen Harper has appointed Quebec Justice Clment Gascon to the Supreme Court

Canada's top judge is welcoming Prime Minister Stephen Harper'slatest appointment to the Supreme Court.

In a statement Wednesday,Chief Justice Beverley McLachlin calls Clment Gascon "a distinguished jurist." It praises Gascon's extensive expertise in both commercial and civil law.

Although it's customary for the head of the top court to formally welcome a new judge, McLachlin chose to emphasize his skill in civil law.

Justice Clment Gascon has been appointed to the country's top court by Prime Minister Stephen Harper. (Court of Appeal of Quebec)

Gascon replaces Justice MarcNadon,who was to filla vacancy left byJustice Morris Fish last spring. Because Nadon has been on the Federal Court of Appeal in Ottawa for many years, it was felt his knowledge of Quebec's unique civil law code might be rusty.

A mastery of civil law is a prerequisite for any of the three Quebec judges who are constitutionally guaranteed spots on the highest court.

The government named Nadon last fall to fill Fish's position, but the Supreme Court ultimately found Nadon was not qualified to fill a Quebec seat because he is neither a current Quebec lawyer nor a Quebec judge from a superior or appeals court.

Gasconis currently a judge of the Quebec Court of Appeal, on which he has served since 2012.Before that he served as a judge of the Quebec Superior Court from 2002.

He also spent 21 years with the Montreal-based law firmHeenanBlaikie, specializing in civil and commercial litigation.

Gascon will start on the job next Monday.

2nd choice well-received

Quebec Justice MinisterStephanie Valle told CBC News she was satisfied with Harper's pick.

The Quebec bar association said in a written statement that Gascon's appointment to the top court was "excellent news" for Canadians.

NDPjustice criticFanoiseBoivinsaidGasconwas "a stellar" appointment with "agreat reputation."

Quebec Liberal MP StphaneDion saidGasconis "a well-regarded judge."

"I think Canadians will be pleased," Dion said.

Appointment final

Harper's second pick is final and will not be subject to further vetting by Parliament.

"We said we would act quickly to ensure the Supreme Court has a full complement of judges. Both the Liberal Party and the NDP have repeatedly called on us to fill this seat quickly," aspokesmanfor Justice Minister PeterMacKaysaid in a written statement.

"In moving to appoint Mr. Justice Gascon, we have done precisely that," Paloma Aguilar said.

The federal government said it consulted with the Quebec government, Quebec's chief justice, the chief justice of the Quebec Superior Court, as well as the Canadian Bar Association and the Quebec bar association before appointing Gascon.

Harper will have to fill another vacancy when Justice Louis Lebel retires on Nov. 30.

Both the New Democrats and Liberals expressed concern around the processsurroundingLebel'sreplacement given the way the government handledNadon'sappointment and his rejection by the Supreme Court.

In a spat withMcLachlin, the Conservatives went as far as to suggest she acted improperly when she tried to contact Harper about potential constitutional problems with the nomination of a Federal Court judge to represent Quebec on the top court.

Boivinadded that she hadhoped Harper wouldconsider choosing a woman to replaceLebel.

With files from CBC's Leslie MacKinnon