The Toronto lawyer who first challenged the appointment of Justice Marc Nadon says Prime Minister Stephen Harper's statements toward the head of the country's top court are "totally inappropriate."
Rocco Galati says he believes Supreme Court Chief Justice Beverely McLachlin was right to warn the Conservative government that Nadon, a Federal Court of Appeal judge, might not fit the legal criteria set for Quebec appointees to the Supreme Court.
Galati said in an interview Harper should take much of the blame for the unprecedented public spat between the chief justice and the prime minister.
"I am shocked by the depravity of the prime minister in now making these ridiculous statements with respect to the chief justice, who is a person of integrity and had every right to raise this with the justice minister," Galati said Sunday.
"The chief justice has not done anything wrong by raising the flag. In fact, one of my complaints was that nobody had raised the flag before I went to court."
On Friday, Harper accused McLachlin of acting improperly last July when she advised his office and Justice Minister Peter MacKay of her concerns.
"I think if people thought that the prime minister, other ministers of the government, were consulting judges before them or — even worse — consulting judges on cases that might come before them, before the judges themselves had the opportunity to hear the appropriate evidence, I think the entire opposition, entire media and entire legal community would be outraged," he said in London, Ont.
"So I do not think that's the appropriate way to go."
McLachlin replied in a statement saying she only wanted to ensure that the government was aware of the eligibility issue, but didn't express any opinion on its merits.
Harper ended up nominating Nadon, a semi-retired 64-year-old with a specialty in maritime law, and McLachlin swore him in last October.
Galati then challenged the appointment in court.
In March, the top court agreed by a 6-1 margin that Nadon did not meet the eligibility requirements, rejecting the wishes of the Conservative government.
Given that MacKay and McLachlin discussed Nadon's nomination last summer, Galati said the Harper government was ``hoodwinking'' the public when it claimed to be taken aback by the court's decision.
A statement from the Prime Minister's Office at the time said it was "genuinely surprised" by the court's rejection of Marc Nadon.
Harper said last week he consulted constitutional and legal experts both within and outside the government, and they believed Nadon was eligible.
Jason MacDonald, a spokesman for Harper, said Sunday the prime minister "believes he took the right actions, and he stands by his comments."
But Galati isn't the only one to raise concern about last week's public spat between Harper and the chief justice.
The Canadian Bar Association also called on Harper to acknowledge the chief justice has done nothing wrong.
The group's president Fred Headon said Friday he hopes the dispute is a misunderstanding and worried that Harper's comments could erode public confidence in the Supreme Court.
Still, in Galati's view, McLachlin should also bear some responsibility for letting the controversy reach this stage.
He said she should not have sworn Nadon in as a Supreme Court justice if she thought he wouldn't be eligible.
"I don't think the chief justice should be left off the hook in this sense — she should never have administered the oath."
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Canada's top court has rejected the Harper government's arguments five times in recent years. <em>Courtesy of The Canadian Press</em>
April 25, 2014
The court rules that the Harper government cannot use Parliament alone to impose Senate term limits, allow consultative elections for senatorial candidates or abolish the upper chamber. The justices hold that the first two changes would need the consent of seven provinces representing half the provinces. Abolition would require provincial unanimity.
April 11, 2014
The government's Truth in Sentencing Act sought to stop judges from routinely giving inmates extra credit for time spent in jail before custody. The court ruled judges have the discretion to allow up to 1.5 days credit.
March 21, 2014
The court rules 6-1 that Justice Marc Nadon, named to the Supreme Court by Harper last year, is ineligible to sit. They found he did not meet the special criteria laid out for candidates from Quebec.
Dec. 20, 2013
The court struck down the country's laws prohibiting brothels, streetwalking and living off the avails of prostitution. The Harper government had strongly argued in favour of the laws. The 9-0 decision gave the government a year to enact a new statute.
Sept. 30, 2011
The court rules that Vancouver's controversial Insite safe-injection facility can stay open. The Harper government tried to close it by denying it a renewed exemption under the Controlled Drugs and Substances Act. The court found that denial contravened the principles of fundamental justice and ordered the exemption renewed immediately.
UP NEXT: Memorable Harper Photos
Stephen Harper and wife Laureen in 2011. Source: <a href="http://www.flickr.com/photos/pmharper/8472663517/in/photostream" target="_blank">Flickr</a>
Prime Minister Stephen Harper gets behind the bar at the Victoria pub in Montreal Friday, March 16, 2012 where he stopped in to meet some supporters and have a drink for St. Patricks Day.
You Eat Half, And I'll Eat Half
Conservative leader Stephen Harper and Laureen Harper stand next to a tray of hot cross buns at a bakery in Mississauga, on April 23, 2011.
Stephen Harper with wife Laureen and their chinchilla Charlie. Source: <a href="http://www.flickr.com/photos/pmharper/8425819048/in/photostream" target="_blank">Flickr</a>
Prime Minister Stephen Harper waves after going for an ATV ride as he visits a farm for a campaign event in Wainfleet Ont., on Monday, April 4, 2011.
Nom Nom Nom
Prime Minister Stephen Harper eats maple taffy as he visits a sugar shack in Norbertville, Quebec on Tuesday, April 5, 2011.
Prime Minister Stephen Harper gives his wife Laureen a kiss following a day of G-20 meetings in Toronto. June 27, 2010. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=938&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Can I Keep Them?
Prime Minister Stephen Harper plays with foster kittens at 24 Sussex. May 1, 2010. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=900&media_category_typ_id=6&media_id=5512" target="_blank">Pm.gc.ca</a>
Conservative Leader Stephen Harper throws a small snowball at photographers after talking with reporters at a campaign stop in Guelph, Ontario Saturday, Jan. 21, 2006.
Thank God You're Not Wearing Overalls
Prime Minister Stephen Harper gives Taylor Swift the book "Maple Leaf Forever" before her concert at Scotiabank Place in Ottawa. May 20, 2010. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=900&media_category_typ_id=6&media_id=5512" target="_blank">Pm.gc.ca</a>
Stephen Harper <a href="http://www.huffingtonpost.ca/2012/10/23/harper-wedding-photos-ottawa_n_2006374.html" target="_blank">surprises an Ottawa couple on their wedding day</a> in 2012.
Yep, Definitely A Cat Person
Laureen Harper laughs as she holds a husky dog with Canadian Prime Minister Stephen Harper as they tour Caribou Crossing, Yukon, south of Whitehorse Monday August 20, 2012.
Stephen Harper, his children Ben and Rachel, and wife Laureen cross Abbey Road in 2009. Source: <a href="http://on.fb.me/12OfGXN" target="_blank">Facebook</a>
Prime Minister Stephen Harper hams it up with Bonhomme Carnaval in the Prime Minister's Centre Block Office. November 25, 2010. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=1238&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Canadian Prime Minister Stephen Harper, far left, watches a third round match between Agnieszka Radwanska, of Poland, and Serbia's Jelena Jankovic with his children Rachel, center, and Benjamin, right, at the 2012 US Open tennis tournament, Saturday, Sept. 1, 2012, in New York.
Psst! I Like Your Hat
Catherine, Duchess of Cambridge, speaks with Canadian Prime Minister Stephen Harper during Canada Day celebrations on Parliament Hill in Ottawa on July 1, 2011.
Whoops, How Did This Get In Here...
Part of a painting of Prime Minister Stephen Harper fully nude, by Kingston artist Maggie Sutherland, is shown at the Central Kingston public library in Kingston, Ont. on May 18, 2012.
Prime Minister Stephen Harper and his son Ben watch a bloopers show while attending the Calgary Flames NHL hockey game against the Edmonton Oilers in Calgary, Saturday, April 11, 2009.
In The Key Of C Major
Prime Minister Stephen Harper practices a few chords after arriving at home from work. February 19, 2011. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=1457&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Love You, Mom
Conservative leader Stephen Harper gets a hug from his mother Margaret during a visit to his campaign office in Calgary, Saturday May 29, 2004.
We Can't All Grow A Pirate 'Stache Like Trudeau
Prime Minister Stephen Harper holds up a moustache scarf to kick off the start of ‘Movember’, November 1, 2012 Source: <a href="http://www.flickr.com/photos/pmharper/8146161138/in/photostream" target="_blank">Flickr</a>
The Sweet Side Of Politics
Senior Legislative Assistant, Katherine Locke, left, and Government House Leader Special Assistant, Zoe Lawson, show off their House of Commons gingerbread house to Prime Minister Stephen Harper in his office on Dec. 16, 2010. The gingerbread house was filled with rows of gummi bears as members of Parliament. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=1355&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Prime Minister Stephen Harper waves to tourists as he walks on the beach after the closing of the VI Summit of the Americas on April 15, 2012 in Cartagena de Indias, Colombia.
Prime Minister Stephen Harper plays a game of table tennis with Team Canada's Mo Zhang at Canada House in London on Tuesday, June 5, 2012.
Whaddya Mean It Doesn't Fit?
Prime Minister Stephen Harper tries on an old hockey helmet at he tours the Yukon's Hockey History exhibit at the McBride Museum in Whitehorse, Yukon on Thursday, August 25, 2011.
Stephen Harper, his son Ben, and Wayne Gretzky watch the men's ice hockey team's gold medal game at the 2010 Winter Olympics in Vancouver. Source: <a href="http://www.flickr.com/photos/pmharper/8457917081/in/photostream" target="_blank">Flickr</a>
Who Said Politics Can't Be Fun?
Stephen Harper and his son Ben hit balloons into the crowd after his speech at the party's three-day policy convention in Montreal on Friday March 18, 2005.
Prime Minister Stephen Harper and Jamie Robinson (guitar) play along with Blue Rodeo's front man Jim Cuddy, and recording artist Jimmy Rankin as they belt out a tune during a Juno Awards reception at 24, Sussex March 31, 2012. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=2099&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Prime Minister Stephen Harper, looks up from dishing out pancakes at Stampede breakfast in Calgary, Alta., Sunday, July 10, 2011.
I Spy Something Cute
Stephen Harper welcomes two Chinese pandas at Toronto's Pearson Airport on March 25, 2013. Source: <a href="http://www.flickr.com/photos/pmharper/8588948719/in/photostream" target="_blank">Flickr</a>
A young Stephen Harper.
Just Smile And Back Away Slowly
Clowns ham it up with Prime Minister Stephen Harper at the IAAF World Junior Championships in Moncton, New Brunswick. July 19, 2010. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=1037&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Prime Minister Stephen Harper, left, throws Senator Gerry St. Germain's cowboy hat into the crowd after presenting him with a new one as his wife Margaret St. Germain, right, laughs during a barbecue at St. Germain's ranch in Surrey, B.C., on Monday August 6, 2012.
Thumbs Up, Up And Away
Prime Minister Stephen Harper gives the thumbs up from the cockpit of his campaign plane as he arrives in Ottawa,Tuesday May 3, 2011.
He's A Belieber
Stephen Harper presents Justin Bieber with a Diamond Jubilee Medal on Nov. 23, 2012. Source: <a href="http://www.flickr.com/photos/pmharper/8212520594/in/photostream" target="_blank">Flickr</a>
I'm With Him
Stephen Harper and Wayne Gretzky, joined by students on an outdoor ice rink in Saskatoon on Feb. 5, 2010. Source: <a href="http://on.fb.me/ZTlKy6" target="_blank"> Facebook</a>
Shhh... This Is The Best Part
Stephen Harper, wife Laureen and Suraksha, Grade 10, visit an IMAX theatre in Bangalore, India on Nov. 8, 2012.
Umm... This Is My Costume
Prime Minister Stephen Harper poses for a photograph with Halloween trick-or-treaters at his official residence in Ottawa, Wednesday, October 31, 2012.
Is It Cold, Or Is It Just Me?
Prime Minister Stephen Harper bundles up in a parka as he tours Frobisher Bay in Iqaluit, Nunavut on Thursday, February 23, 2012.
One Of Harper's Many Hats
Canada's Prime Minister Stephen Harper adjusts his hat prior to the arrival of Britain's Prince William and his wife Catherine, Duchess of Cambridge, for the official start of the Calgary Stampede parade in Calgary, Alberta, July 8, 2011.
Prime Minister Stephen Harper and his wife Laureen play with some furry friends at the official opening of the new Ottawa Humane Society facility on July 6, 2011. Source: <a href="http://www.pm.gc.ca/eng/media_gallery.asp?media_category_id=1724&media_category_typ_id=6#cont" target="_blank">Pm.gc.ca</a>
Omigod, So Cute
Met Batisse X, official mascot of the Royal 22nd Regiment, prior to welcoming French PM Jean-Marc Ayrault to Ottawa. Source: <a href="http://www.flickr.com/photos/pmharper/8554783327/in/photostream" target="_blank">Flickr</a>
I Can Totally Take You
Prime Minister Stephen Harper receives a cricket lesson from Ankur Biswas, cricket team captain, at the Bishop Cotton Boys School. Source: <a href="http://on.fb.me/12OffwT" target="_blank">Facebook</a>
Prime Minister Stephen Harper drives a dog sled after meeting mushing teams at the Arctic Winter Games in Yellowknife, N.W.T., Monday, March 10, 2008.