appointees must either have been members of a provincial superior court, or must have at least ten years' standing at a provincial bar. Section 6 then provides a particular rule for Quebec, requiring that the three judges from Quebec must be appointed from either the superior courts of Quebec, or "among the advocates of that province." The general rule in section 5 clearly included former members of the bars of the provinces as eligible to be appointed. The issue was whether the wording of section 6 restricted that general rule to current members of the bar of Quebec for the Quebec seats on the Court. Decision of the Court The Supreme Court ruled, by a 6–1 decision, that only current members of the Quebec superior courts and current members of the bar of Quebec are eligible to be appointed to the Quebec seats on the Supreme Court. Majority decision The majority decision was attributed to all six of the judges in the majority, rather than to a single judge. The Court held that the amendment to the Supreme Court Act was not simply declaratory of the previous law but an actual change to the composition of the Court, and was therefore federal Parliament. A change to the composition of the Court can only be made by a unanimous constitutional amendment under s. 41 of the Constitution Act, 1982. The appointment of Justice Nadon was therefore void . He remained a supernumerary judge of the Federal Court of Appeal. Dissent by Justice Moldaver Justice Moldaver dissented. He argued that section 5 and section 6 of the Supreme Court Act had to be read together, and that the requirement in section 6 that Quebec appointees be from "among the advocates of that province" included former members of the Quebec bar, the same as for appointments from the other provinces under section 5. Recusal by Justice Rothstein Justice Rothstein did not participate in the decision. He had been appointed from the Federal Court of Appeal, leading to the possibility that his right to be appointed might be called into question. However, since he had previously been a member of the bar of Manitoba, the decision did not leave his appointment in doubt, since he qualified under the general appointee principle set out in section 5 of the Supreme Court Act. References External links Reference re Supreme Court Act, ss. 5 and 6 Supreme