Appointed on the recommendation of Prime Minister Stephen Harper on February 2, 2013, Fagan was sworn in on 19 March 2013, succeeding John Crosbie.
He undertook postgraduate studies at the Institute for Advanced Legal Studies of the University of London and the London School of Economics in 1956-57 and was called to the Newfoundland Bar in 1957.
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Born in Dublin 4 December 1806, he was son of John Crosbie Graves, barrister, grandnephew of Richard Graves, D.D., and cousin of Robert James Graves, M.D. He was an undergraduate at Trinity College, Dublin, where he distinguished himself in both science and classics, and was a class-fellow and friend of William Rowan Hamilton, graduating B.A. in 1827.