Court Membership: Difference between revisions
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{{Court | {{Court Membership}} | ||
==Appointing Governments== | ==Appointing Governments== | ||
* [[List of Appointing Governments]] | |||
==Additional Judges== | |||
{{quotation1| | |||
; Additional judges | |||
24 (1) Notwithstanding sections 12 to 22 but subject to subsections (3) and (4), where the number of judges of a superior court in a province has been increased by or pursuant to an Act of the legislature of the province beyond the number of judges of that court whose salaries are provided for by sections 12 to 22, a salary is payable pursuant to this section to each additional judge, appointed to that court in accordance with that Act and in the manner provided by law, from the time that judge’s appointment becomes effective and in the same manner and subject to the same terms and conditions as if the salary were payable under sections 12 to 22. | |||
; Salaries fixed | |||
(2) The salary of a judge appointed in the circumstances described in subsection (1) is the salary annexed, pursuant to sections 12 to 22, to the office of judge to which the appointment is made. | |||
; | ; Limit | ||
(3) Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than | |||
:(a) 16, in the case of judges appointed to appeal courts in the provinces; and | |||
:(b) 62, in the case of judges appointed to superior courts in the provinces other than appeal courts. | |||
:(c) [Repealed, 1992, c. 51, s. 7] | |||
{{removed|(4), (5) and (6)}} | |||
R.S., 1985, c. J-1, s. 24R.S., 1985, c. 41 (1st Supp.), s. 10, c. 27 (2nd Supp.), s. 31989, c. 8, s. 91992, c. 51, s. 71996, c. 30, s. 11998, c. 30, s. 32006, c. 11, s. 32008, c. 26, s. 12015, c. 3, s. 1262017, c. 20, s. 2112018, c. 12, s. 300 | |||
| [https://laws-lois.justice.gc.ca/eng/acts/J-1/section-24.html (DOJ)] | |||
}} | |||
==Supernumerary Status== | |||
; | {{quotation2| | ||
; Provincial superior courts | |||
29 (1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister of Justice of Canada and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office. | |||
; | ; Conditions | ||
(2) An election under subsection (1) may only be made by a judge | |||
:(a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or | |||
:(b) who has attained the age of 70 years and has continued in judicial office for at least 10 years. | |||
; Duties of judge | |||
(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge | |||
:(a) by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or | |||
:(b) in the case of a supernumerary judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice of that Court. | |||
; | ; Salary of supernumerary judge | ||
(4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice or associate chief justice. | |||
==Changes to Court | ; Reference to attorney general of a province | ||
(5) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory. | |||
(6) [Repealed, 2017, c. 33, s. 234] | |||
R.S., 1985, c. J-1, s. 29; | |||
1993, c. 28, s. 78; | |||
1999, c. 3, s. 74; | |||
2002, c. 7, s. 191, c. 8, s. 88(E); | |||
2006, c. 11, s. 8; | |||
2012, c. 31, s. 214; | |||
2017, c. 33, s. 234. | |||
| | |||
}} | |||
==Changes to Court Membership== | |||
[https://canlii.ca/t/5533h Judges Act, RSC 1985, c J-1] | [https://canlii.ca/t/5533h Judges Act, RSC 1985, c J-1] | ||
Latest revision as of 08:59, 19 July 2023
Appointing Governments
Additional Judges
- Additional judges
24 (1) Notwithstanding sections 12 to 22 but subject to subsections (3) and (4), where the number of judges of a superior court in a province has been increased by or pursuant to an Act of the legislature of the province beyond the number of judges of that court whose salaries are provided for by sections 12 to 22, a salary is payable pursuant to this section to each additional judge, appointed to that court in accordance with that Act and in the manner provided by law, from the time that judge’s appointment becomes effective and in the same manner and subject to the same terms and conditions as if the salary were payable under sections 12 to 22.
- Salaries fixed
(2) The salary of a judge appointed in the circumstances described in subsection (1) is the salary annexed, pursuant to sections 12 to 22, to the office of judge to which the appointment is made.
- Limit
(3) Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than
- (a) 16, in the case of judges appointed to appeal courts in the provinces; and
- (b) 62, in the case of judges appointed to superior courts in the provinces other than appeal courts.
- (c) [Repealed, 1992, c. 51, s. 7]
[omitted (4), (5) and (6)]
R.S., 1985, c. J-1, s. 24R.S., 1985, c. 41 (1st Supp.), s. 10, c. 27 (2nd Supp.), s. 31989, c. 8, s. 91992, c. 51, s. 71996, c. 30, s. 11998, c. 30, s. 32006, c. 11, s. 32008, c. 26, s. 12015, c. 3, s. 1262017, c. 20, s. 2112018, c. 12, s. 300
– (DOJ)
Supernumerary Status
- Provincial superior courts
29 (1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister of Justice of Canada and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.
- Conditions
(2) An election under subsection (1) may only be made by a judge
- (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or
- (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.
- Duties of judge
(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge
- (a) by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or
- (b) in the case of a supernumerary judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice of that Court.
- Salary of supernumerary judge
(4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice or associate chief justice.
- Reference to attorney general of a province
(5) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.
(6) [Repealed, 2017, c. 33, s. 234]
R.S., 1985, c. J-1, s. 29; 1993, c. 28, s. 78; 1999, c. 3, s. 74; 2002, c. 7, s. 191, c. 8, s. 88(E); 2006, c. 11, s. 8; 2012, c. 31, s. 214; 2017, c. 33, s. 234.
–
{{{3}}}
Changes to Court Membership
- Changes to Judges Act
- 1990, c. 17
- 1992, c. 51
- 1996, c. 22
- 1998, c. 30
- 2000, c. 12
- An Act to amend the Judges Act and to amend another Act in consequence, SC 2001, c 7
- Courts Administration Service Act, SC 2002, c 8
- 2006, c. 11
- Jobs and Growth Act, 2012, SC 2012, c 31
- Economic Action Plan 2014 Act, No. 2, SC 2014, c 39 (315 to 328)
- Budget Implementation Act, 2017, No. 1, SC 2017, c 20
- Budget Implementation Act, 2017, No. 2, SC 2017, c 33
- Budget Implementation Act, 2018, No. 1, SC 2018, c 12
- Budget Implementation Act, 2019, No. 1, SC 2019, c 29