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 nominated Marc Nadon, a Federal Court of Appeals judge, for the Supreme Court position vacated by Morris Fish. This nomination was contested by Rocco Galati and the Quebec government as not meeting the criteria outlined in section 6 of the Supreme Court Act.