Chief Justice’s Defiance Could Prompt Legal Showdown, Experts Say
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.
Poitras, Jacques and Sossin, Lorne.
"Chief Justice’s Defiance Could Prompt Legal Showdown, Experts Say."
(11 December 2017):