Feds Appeal Decision Requiring Action on ‘Appalling’ Level of Judicial Vacancies

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. In a notice of appeal, the government says the Federal Court overstepped its constitutionally limited role and acted without jurisdiction. In a February decision, Federal Court Justice Henry Brown said constitutional conventional requires Ottawa to appoint a new judge within a reasonable time of a vacancy. The government’s notice of appeal says Justice Brown erred by recognizing a constitutional convention that does not exist. The notice also says the court substituted its own view on the timeliness of federal judicial appointments for that of the executive branch....