Clément Gascon

{{short description|Canadian jurist (born 1960)}}

{{Infobox Judge

| image =

| name = Clément Gascon

| honorific-suffix = {{post-nominals|country=CAN|CC|KC|size=100%}}

| office = Puisne Justice of the Supreme Court of Canada

| termstart = June 9, 2014

| termend = September 15, 2019

| nominator = Stephen Harper

| appointer =

| predecessor = Morris Fish

| successor = Nicholas Kasirer

| office2 = Justice of the Quebec Court of Appeal

| termstart2 = 2012

| termend2 = 2014

| nominator2 =

| appointer2 =

| predecessor2 =

| successor2 =

| office3 = Justice of the Quebec Superior Court

| termstart3 = 2002

| termend3 = 2012

| nominator3 =

| appointer3 =

| predecessor3 =

| successor3 =

| birth_date = {{birth date and age|1960|2|5}}

| birth_place = Montreal, Quebec

| death_date =

| death_place =

| spouse =

| alma_mater = Collège Jean-de-Brébeuf (DEC 1978)
McGill University (BCL 1981)

| profession = civil and commercial lawyer, judge

}}

Clément Gascon {{post-nominals|country=CAN|CC|KC|size=100%}} (born September 5, 1960) is a Canadian jurist, who was nominated to the Supreme Court of Canada by Prime Minister Stephen Harper on June 3, 2014,"Harper names Justice Gascon to Supreme Court". The Gazette, June 3, 2014. and officially appointed the Court on June 9, 2014.{{Cite web |url=http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=clement-gascon |publisher=Supreme Court of Canada |title=Biography - Clément Gascon |access-date=June 12, 2014 |archive-url=https://web.archive.org/web/20140805065347/http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=clement-gascon |archive-date=August 5, 2014|url-status=dead }} He officially retired from the court on September 15, 2019.

Born in 1960 to Dr. Bernard Gascon and Denyse Clément, Gascon graduated from Collège Jean-de-Brébeuf and McGill University.{{Cite web |url=http://www.tribunaux.qc.ca/c-appel/English/About/judges/current/bios/gasconc_en.html |title=Court of Appeal of Quebec: Current Judges |access-date=June 3, 2014 |archive-url=https://web.archive.org/web/20140605092828/http://www.tribunaux.qc.ca/c-appel/english/about/judges/current/bios/gasconc_en.html |archive-date=June 5, 2014 |url-status=dead }}

Gascon was admitted to the Quebec Bar in 1982 and in addition to his legal practice (in business, labour and construction law) was also a lecturer at Cégep de Saint-Jean-sur-Richelieu, Université du Québec à Montreal, McGill University and Bar of Quebec.

Prior to his Supreme Court appointment, Gascon served on the Quebec Superior Court from 2002 to 2012, and the Quebec Court of Appeal from 2012 to 2014.[http://blogues.lapresse.ca/boisvert/2012/04/16/deux-excellentes-nominations-a-la-cour-dappel/ "Deux excellentes nominations à la Cour d’appel"] {{Webarchive|url=https://web.archive.org/web/20140606213852/http://blogues.lapresse.ca/boisvert/2012/04/16/deux-excellentes-nominations-a-la-cour-dappel/ |date=June 6, 2014}}. La Presse, April 16, 2012. He was previously a lawyer for the Montreal law firm Heenan Blaikie for 21 years.{{cite news

|last = Hough

|first = Jennifer

|date = June 3, 2014

|title = Clement Gascon a Quebec Court of Appeal Judge Nominated to Supreme Court

|url = http://news.nationalpost.com/2014/06/03/clement-gascon-a-quebec-court-of-appeal-judge-nominated-to-supreme-court/

|newspaper = National Post

|location = Canada

|publisher = Postmedia

|accessdate = June 3, 2014

|archive-date = September 26, 2020

|archive-url = https://web.archive.org/web/20200926024824/https://nationalpost.com/news/canada/clement-gascon-a-quebec-court-of-appeal-judge-nominated-to-supreme-court

|url-status = live

}}

In June 2018, Gascon wrote for the majority of the court when it found that the Canadian Human Rights Tribunal's determination that the Indian Act did not violate the Canadian Human Rights Act was reasonable. Three concurring justices instead argued that this context was not due judicial deference and instead required review for correctness.{{Bluebook journal

|first=|last=Note

|title=Recent Case: Supreme Court of Canada Clarifies Standard of Review Framework

|volume=132

|journal=Harv. L. Rev.

|page=1772

|url=https://harvardlawreview.org/wp-content/uploads/2019/04/1772-1779_Online.pdf

|year=2019}}

On April 15, 2019, Gascon announced that he would be retiring effective September 15, 2019.{{cite news |last= Zimonjic |first= Peter |date= April 15, 2019 |title= Supreme Court Justice Clement Gascon announces retirement |url= https://www.cbc.ca/news/politics/justice-clement-gascon-retiring-1.5098973 |location= Canada |work= CBC News |accessdate= April 15, 2019 |archive-date= April 15, 2019 |archive-url= https://web.archive.org/web/20190415203920/https://www.cbc.ca/news/politics/justice-clement-gascon-retiring-1.5098973 |url-status= live }}

On the evening of May 8, 2019, the Ottawa Police Service issued a notice asking for the public's help in locating Gascon, who had not been seen since early the same afternoon. Shortly afterwards, they announced that he had been located safely.{{cite news |last= Zimonjic |first= Peter |date= May 8, 2019 |title= Supreme Court Justice Clément Gascon has been safely found, police say |url= https://www.cbc.ca/news/politics/justice-clement-gascon-missing-1.5128783 |location= Canada |work= CBC News |accessdate= May 8, 2019 |archive-date= May 9, 2019 |archive-url= https://web.archive.org/web/20190509021348/https://www.cbc.ca/news/politics/justice-clement-gascon-missing-1.5128783 |url-status= live }}{{cite news |last=Egan |first=Kelly |date=May 9, 2019 |title=Police locate Supreme Court Justice after concern expressed for his well-being |url=https://ottawacitizen.com/news/local-news/police-seek-help-in-finding-missing-supreme-court-justice |location=Canada |work=Ottawa Citizen |accessdate=May 9, 2019 |archive-date=May 9, 2019 |archive-url=https://web.archive.org/web/20190509031414/https://ottawacitizen.com/news/local-news/police-seek-help-in-finding-missing-supreme-court-justice |url-status=live }} Gascon later announced he had had a panic attack, related in part to his recent decision to retire early from the Court.{{cite news |last=Zimonjic |first=Peter |date=May 14, 2019 |title=Supreme Court Justice Gascon attributes disappearance to depression, anxiety |url=https://www.cbc.ca/news/politics/clement-gascon-mental-health-1.5136015 |location=Canada |work=CBC News |accessdate=May 14, 2019 |archive-date=May 14, 2019 |archive-url=https://web.archive.org/web/20190514231133/https://www.cbc.ca/news/politics/clement-gascon-mental-health-1.5136015 |url-status=live }}{{cite news |last=CTV News |date=May 14, 2019 |title=SCC Justice Clement Gascon cites mental illness as reason for disappearance |url=https://www.ctvnews.ca/politics/supreme-court-justice-clement-gascon-cites-mental-illness-as-reason-for-disappearance-1.4422152 |location=Canada |work=CTV News |accessdate=May 14, 2019 |archive-date=May 14, 2019 |archive-url=https://web.archive.org/web/20190514211234/https://www.ctvnews.ca/politics/supreme-court-justice-clement-gascon-cites-mental-illness-as-reason-for-disappearance-1.4422152 |url-status=live }}

Garcon was appointed to the Order of Canada in June 2023, with the rank of Companion.{{Cite web |date=June 30, 2023 |title=Order of Canada appointees – June 2023 |url=https://www.gg.ca/en/order-canada-appointees-june-2023 |access-date=June 30, 2023 |website=The Governor General of Canada}}