Justice Marc Nadon will not have to pay back nearly six months of salary he earned before the top court rejected his appointment.
A spokesperson for Justice Minister Peter MacKay's office told CBC News in an email late Wednesday afternoon that the government will not seek retroactive repayment from Nadon.
"The government won't be retroactively changing Judge Nadon's pay," said Mary Ann Dewey-Plante, the director of communications for MacKay.
The confirmation came in response to a statement earlier Wednesday from the registrar for the Supreme Court, who said it was up to the justice minister to decide whether Nadon should pay back the salary.
"The registrar has reviewed the facts and the statutory framework and has concluded that he is not in a position to make a determination about whether or not there has been any overpayment of salary or allowances to Justice Nadon."
"Any determination about whether or not there has been an overpayment rests with the minister of justice," Roger Bilodeau, the registrar for the Supreme Court of Canada, said in the written statement.
Bilodeau administers the salaries and allowances of the judges of the Supreme Court on behalf of the minister of justice.
Nadon collected a salary from the top court from Oct. 3, 2013, when Prime Minister Stephen Harper appointed him, until March 21 when the Supreme Court ruled he was ineligible to represent Quebec on the top court's bench.
Nadon is currently serving on the Federal Court of Appeal.
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