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Chief Justice of Canada
From Wikipedia, the free encyclopedia
The Supreme Court of Canada consists of the Chief Justice of Canada (French: Juge en chef du Canada) and eight Puisne Justices, all appointed by the Governor-in-Council (Governor General of Canada on the advice of his or her Cabinet). All nine are chosen from among superior court judges, or from among barristers who have at least ten years' standing at the Bar of a province or territory. The Chief Justice is sworn as a member of the Queen's Privy Council for Canada prior to taking the oath of office as Chief Justice.
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The Chief Justice chairs the Canadian Judicial Council, which is composed of all Chief Justices and Associate Chief Justices of superior courts in Canada. This body, established by the Judges Act, organizes seminars for federally appointed judges, coordinates the discussion of issues of concern to the judiciary, and conducts inquiries, either on public complaint or at the request of the federal Minister of Justice or a provincial Attorney General, into the conduct of any federally appointed judge.
The Letters Patent of 1947 respecting the Office of Governor General provide that, should the Governor General die, become incapacitated, or be absent from the country for a period of more than one month, the Chief Justice or, if that office is vacant, the Senior Puisne Justice, of the Supreme Court would become the Administrator of Canada and exercise all the powers and duties of the Governor General. This has happened twice in the past, with Chief Justices Robert Taschereau and Sir Lyman Poore Duff acting as Governor General for brief periods following the death of a sitting Governor General. In 2005, Chief Justice Beverley McLachlin was Administrator of Canada when then-Governor General, the Right Honourable Adrienne Clarkson, was hospitalized when she had a pacemaker installed.
The Chief Justice and the other Justices of the Court serve as deputies of the Governor General for the purpose of giving Royal Assent to bills passed by parliament, signing official documents or receiving credentials of newly appointed high commissioners and ambassadors. The Chief Justice of Canada is officially designated as the Deputy Governor General of Canada.
The Chief Justice also sits on the advisory council of Canada's highest civilian order, the Order of Canada. In practice however, the Chief Justice abstains from voting on a candidate's removal from the order, presumably because this process has so far only applied to individuals convicted in a lower court of a criminal offence, and if that individual appealed their conviction all the way to the Supreme Court, the Chief Justice could be put in a conflict of interest.
The current Chief Justice is The Right Honourable Beverley McLachlin, PC, the first woman to hold this position. She was appointed in 2000 and was previously a Puisne Justice of the Supreme Court of Canada, the Chief Justice of the British Columbia Supreme Court, and a Justice on the British Columbia Court of Appeal. She also practised law with various firms and taught law at the University of British Columbia. She was born in Pincher Creek, Alberta, in 1943.
- ^ a b Richards and Fitzpatrick never served as puisne justices, but were appointed directly to the position of Chief Justice. All other Chief Justices served as puisne justices before acceding to Chief Justice, usually (but not always) on the basis of seniority.
- ^ a b In cases where a Governor General dies in office or leaves the position before a replacement can be named, Canadian tradition is that the Chief Justice assumes the viceregal duties until a new Governor General is appointed. Duff and Taschereau are the two Chief Justices who have served as Acting Governors General under this convention.