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The Federal Court granted declaratory relief in a judicial-vacancy case, but dismissed mandamus. It held the legal duty to appoint lay with non-parties, not the named respondents.
The Supreme Court of Canada dismissed an appeal about s. 98 of the Constitution Act, 1867, upholding the Quebec Court of Appealâs interpretation of judicial appointment rules.
The Federal Court held that its deputy judges can be former judges over 75, and that s. 99(2) of the Constitution Act, 1867 does not govern the Court.
Petitioners challenged Federal Court Act judicial appointment provisions, but the court dismissed the petition for lack of standing, collateral attack, and res judicata.
The Supreme Court of Canada held that the 1919 Alberta Judicature Act, as amended in 1920, did not displace Horace Harveyâs office as Chief Justice of Alberta.
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