Constitution Act, 1867 (annotated)/Part VII
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Contents
[edit]- 96. Appointment of Judges.
- 97. Selection of Judges in Ontario, etc.
- 98. Selection of Judges in Quebec.
- 100. Salaries, etc., of Judges.
- 101. General Court of Appeal, etc.
VII: Judicature | ||
| Appointment of Judges. | 96. | The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. |
| Selection of Judges in Ontario, etc. | 97. | Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces. |
| Selection of Judges in Quebec. | 98. | The Judges of the Courts of Quebec shall be selected from the Bar of that Province. |
| Tenure of office of Judges | 99. | (1) Subject to subsection two of this section, the Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons. |
| Termination at age 75. | (2) A Judge of a Superior Court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age.[1] | |
| Salaries, etc., of Judges | 100. | The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada.[2] |
| General Court of Appeal, etc. | 101. | The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada.[3] |
Notes
[edit]- ↑
Repealed and re-enacted by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:
- 99. The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons.
- ↑ Now provided for in the Judges Act, R.S.C. 1985, c. J-1.
- ↑ See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Court Act, R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.