On October 3, 2013, Harper announced the nomination of supernumerary Federal Court of Appeals judge, Marc Nadon to the Supreme Court to replace the retiring Morris Fish. The appointment was challenged by both Ontario lawyer Rocco Galati and the Government of Quebec as being contrary to the appointment criteria of section 6 of the Supreme Court Act.
On October 3, 2013, Harper proposed the selection of additional Federal Court of Appeals judge, Marc Nadon to the Supreme Court to replace retiring Morris Fish. The decision was contested by both Ontario lawyer Rocco Galati and the Quebec government as violating section 6 of the Supreme Court Act.