(Ottawa) The federal government is contesting a court decision ordering it to accelerate the pace of judicial appointments to fill an “untenable” number of vacancies.
In a notice of appeal, the government asserts that the Federal Court has exceeded its constitutional role and does not have jurisdiction to examine the question.
In a February ruling, Federal Court Justice Henry Brown said constitutional conventions require Ottawa to appoint a new judge within a reasonable time after a vacancy.
The government’s appeal notice asserts that Judge Brown erred by invoking a constitutional convention that does not exist.
The opinion also states that the court would have substituted its own view on the appropriateness of federal judicial appointments for that of the executive branch.
The government is asking the Federal Court of Appeal to overturn the judgment and dismiss the underlying application filed by an Ottawa human rights lawyer.