By Canadian Press

Feds appeal decision requiring action on ‘appalling’ level of judicial vacancies

Mar 18, 2024 | 12:07 PM

OTTAWA — The federal government is challenging a court decision directing it to step up the pace of judicial appointments to address an “untenable” number of vacancies.

In a notice of appeal, the government says the Federal Court overstepped its constitutionally limited role and acted without jurisdiction.

In a February decision, Federal Court Justice Henry Brown said constitutional conventional requires Ottawa to appoint a new judge within a reasonable time of a vacancy.

The government’s notice of appeal says Brown erred by recognizing a constitutional convention that does not exist.

The notice also says the court substituted its own view on the timeliness of federal judicial appointments for that of the executive branch.

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This report by The Canadian Press was first published March 18, 2024.

The Canadian Press