Jun 19, 03:11 PM

Appeal Court Quashes Order Requiring Ottawa to Accelerate Judicial Appointments

Canada’s Federal Court of Appeal on 19 June set aside a February 2024 Federal Court judgment that had ordered Ottawa to fill superior-court vacancies "within a reasonable time." Writing for a unanimous three-judge panel, Justice Richard Boivin said the lower court “overstepped its jurisdictional bounds” and lacked authority to compel the executive to accelerate judicial appointments. The original case was brought by Ottawa lawyer Yavar Hameed, who argued that lengthy delays were harming vulnerable clients. Trial judge Henry S. Brown accepted that view and, citing an “untenable” vacancy level—75 open positions at the time—declared that constitutional convention required prompt appointments. The appeal court found the Federal Court erred by treating constitutional conventions as enforceable law and by asserting a power the Supreme Court has not recognised. Although the appellate ruling removes the legal deadline, the shortage that triggered the lawsuit has eased. According to government figures referenced in court filings, vacancies have fallen from more than 90 in 2024 to 22 as of 1 June 2025, after a wave of appointments by Prime Minister Justin Trudeau’s government. The appeal court said the importance of a fully staffed judiciary is undisputed but underscored that remedying vacancies remains a matter for the executive and legislative branches, not the courts.

#Canada #Federal Court of Appeal #Federal Court #Ottawa #Richard Boivin #Yavar Hameed #Supreme Court #Justin Trudeau

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Appeal Court Quashes Order Requiring Ottawa to Accelerate Judicial Appointments

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