The Shadow of Absurdity and the Challenge of Easy Cases: Looking Back on the Supreme Court Act Reference

In the Supreme Court Act Reference, the Court advised that the appointment of its newest judge, Marc Nadon, was void ab initio. It concluded, as well, that the Court is an entrenched constitutional actor, whose governing statutes may be changed only through formal amendment. By any measure, the Reference was an exceptional constitutional moment. This article reviews what made it so, focussing on the case’s history, procedure, substance and public reception. The article situates the proceeding within a “perfect storm” of law and politics. It describes various dilemmas that the Court had to confront. And it offers three reasons explaining why the reaction to the Reference was unusually negative