Another Judicial appointment off to the SCoC. Yep, again


Goober
#1
Another Judicial appointment off to the SCoC.
Yep, again

Lawyer Rocco Galati targets pick for Quebec court after Marc Nadon win - Politics - CBC News

The Canadian government is facing yet another challenge to its most recent judicial pick a justice to serve on the Quebec Court of Appeal

Once again, the objection is coming from Toronto lawyer Rocco Galati, who launched a successful challenge in October to the government's appointment of Justice Marc Nadon to the Supreme Court to fill a vacant Quebec seat. Nadon was ruled ineligible because he served on the Federal Court and was not a member of the Quebec bar association.

This time, Galati is challenging the nomination of Justice Robert Mainville of the Federal Court to the Quebec Court of Appeal, a move which was announced Friday by Justice Minister Peter MacKay.

Now, Galati's argument is that Mainville, as a Federal Court judge, cannot be appointed to the Quebec Court of Appeal.

Sec. 98 of the Constitution states, "The Judges of the Courts of Quebec shall be selected from the Bar of that Province."


Galati, reached by phone in Toronto, said, "This is very clear. Under Sec. 98 [of the Constitution Act], the judges have to be chosen from the bar."

On Monday in question period in the House of Commons, MacKay seemingly made a curious slip of the tongue, when he said Mainville's been "a member of the Quebec bar, Mr. Speaker, for 33 years and sat as a Federal Court judge for five years. I believe his wealth of legal knowledge will be welcome at the Supreme Court."

In a later answer, MacKay seemed to correct himself, saying Mainville "was a member of the Quebec bar association for 33 years," referring to Mainville's bar experience in the past tense. And he further clarified that by "Supreme Court," he meant Quebec's court of appeal, which, he said, is "the supreme court of Quebec."
 
damngrumpy
+1
#2  Top Rated Post
The problem is the Feds can't seem to appoint people who are eligible to serve in the
proper manner. If they can't why not.
 

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