It is a problem for the Supreme Court of Canada. But Supreme Court justices are dealing with a good number of cases referred by other courts. The fact that only eight judges are sitting on a case is very difficult for the Supreme Court, but it is not a national crisis. The Supreme Court is a very strong institution.
It will be able to survive a delay in the participation of the Honourable Justice Nadon. I don't think that just because there is an uncertainty is sufficient reason to proceed with both the reference and the proposed legislation.