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.
The government is asking the Federal Court of Appeal to set aside the judgment and dismiss the underlying application brought by Yavar Hameed, an Ottawa-based lawyer. "It should be noted that the difficulties brought on by the judge shortage are exacerbating an already critical situation within several courts — namely a serious lack of resources due to chronic underfunding by the provinces and territories," the letter said.
"They have failed to take the actions requested by the Chief Justice of Canada and the Canadian Judicial Council. And with the greatest respect, they have also failed all those who rely on them for the timely exercise of their powers in relation to filling these vacancies." The government's notice of appeal says Brown erred by recognizing a constitutional convention that does not exist.