Federal Court

Judicial vacancies on Canada’s top courts have plagued the justice system long before this week’s Federal Court ruling to reduce the number of unfilled jobs.It was a recurring problem for Stephen Harper. In 2007, there were more than 40 jobs waiting to be filled. It sparked a flurry of critical commentary. This space was succinct: “A government that cannot manage to hire judges is not doing its job.”It is as true today as it was then. The prime minister and federal cabinet are responsible for ensuring the most important courts across the country are fully staffed. Failure to do so has real consequences: An unacceptably high number of vacancies leads to delays and puts major cases, including sexual assault and murder, in peril.For Mr. Harper, the judicial vacancies problem never really diss...

Good morning,Prime Minister Justin Trudeau and his cabinet have violated their constitutional duty to appoint judges, a Federal Court justice ruled yesterday, adding that the vacancies are at a “crisis” level. The ruling is the first to address a government’s obligations to appoint judges.Justice Henry Brown made it clear he expects Trudeau, Justice Minister Arif Virani and cabinet to “obey the law” and fill the 75 vacancies as soon as possible.In legal terms, Justice Brown broke new ground by finding that the responsibility of a prime minister and cabinet to appoint judges is a constitutional convention, and that the convention imposes legal duties which “may not be ignored.” In political terms, the ruling is a powerful criticism of the government’s failure to fill judicial vacancies, and...

Tag: Federal Court

Job News: Globe editorial: Vacant courts are a verdict of failure for the federal government