 Following controversy about the appointment, the federal government referred the constitutionality of the appointment to the Supreme Court of Canada.In their decision in "Reference Re Supreme Court Act, ss 5 and 6", the Supreme Court quashed his appointment, concluding he did not meet the eligibility criteria provided in the "Supreme Court Act".Marc Nadon was born in St-Jérôme, Québec, on September 7, 1949.