Asked by reporters, and then in question period by New Democrat MPs, whether he would rule out the government trying again to name Nadon to a seat on the court, MacKay dodged the question.
"As you would expect, we'll look at all the details of the decision, which I did read already with interest, including Mr. Justice [Michael] Moldaver's dissent. And we'll look at the details of the decision, we'll examine our options as we ensure that the Supreme Court has its full complement," MacKay said.
The court decided 6-1 that Nadon didn't qualify for one of Quebec's three seats on the court because he came from the Federal Court. The Constitution sets out specific rules for naming justices from Quebec, the only province that uses a civil code of law rather than common law.