Archived - Part 3 – Various Measures: Division 19

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Supreme Court Act

Division 19 adds two declaratory provisions to the Supreme Court Act, respecting certain criteria for appointing judges to the Supreme Court of Canada. These provisions clarify, without making changes to, the existing law relating to the experience that a person is required to have as a member of a bar of a province in order to be appointed to that Court.

The first declaratory provision, section 5.1 of the Supreme Court Act, clarifies that a person may be appointed as a judge of the Supreme Court of Canada if they have at least 10 years of experience as a member of a bar of a province, even if they are no longer a member of a bar.

The second declaratory provision, section 6.1 of the Supreme Court Act, clarifies that a person with at least 10 years of experience as a member of the Barreau du Québec may be appointed to the Supreme Court of Canada as a judge from Quebec, even if they are no longer a member of the bar.

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