Federally appointed judges in Canada are named by cabinet on the advice of either the Prime Minister or the Justice Minister.A judge has ordered Prime Minister Justin Trudeau, Justice Minister Arif Virani and the federal cabinet to fill judicial vacancies in a reasonable time period, citing a letter from Supreme Court Chief Justice Richard Wagner to the Prime Minister calling the large number of vacancies “untenable.
Justice Brown responded that those conventions can be treated as federal laws for the purpose of this case. He said the Prime Minister, Justice Minister and cabinet have the exclusive responsibility for federal judicial appointments, and that imposes a duty on them to make the appointments in a timely fashion.
Nothing has changed in the nine months since Chief Justice Wagner wrote that letter, Justice Brown said in his ruling, concluding that the government had ignored it. He encouraged Mr. Hameed and the Justice Minister, and even Chief Justice Wagner and the Canadian Judicial Council, to come to court if Ottawa does not reduce the number of vacancies, as ordered, or if a dispute arises over the speed of the appointments.
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