Chief Justice’s Defiance Could Prompt Legal Showdown, Experts Say

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CBC News


A senior judge's open defiance of a provincial law should provoke a legal showdown on whether that law threatens the independence of the courts, according to two veteran lawyers.

They say Court of Queen's Bench Chief Justice David Smith's recent transfer of a judge — without the consent of the minister of justice required by law — should bring to a head the debate over recent amendments to the Judicature Act.

The Liberals changed the law in May to give the justice minister a veto over Smith's power to transfer judges on his court.


Article is written by Jacques Poitras with commentary by Dean Lorne Sossin.