So I am not mistaken. Some people sitting on the Supreme Court of Canada actually do come from the Federal Court. I think we are creating a problem where there is none. They are giving the impression that people from one particular court can never, ever be appointed to the Supreme Court of Canada.
That said, Professor Dodek, you mentioned various possibilities and the fact that it is legal. But, in law, “legal” and “appropriate” are sometimes two different things. We agree on that.
As you mentioned, it would have been more logical for the government to choose one or other of the options, possibly withdrawing the reference. But the problem I see here is that the application from the lawyer from Toronto, Mr. Galati, is still in effect. So the courts are going to have to render a decision about the appointment of Justice Nadon. Of all the measures that the government can take, it is probably the least acceptable, because the Supreme Court will have to make a decision on it one day.
In the circumstances, do you not find the situation that the government's actions have brought about to be a little unfortunate? Does it not somewhat politicize the Supreme Court, a great institution that must be completely separate from Parliament?