I am working on a paper on s. 96 of the Canadian Constitution. Here is a first taste of a very first draft…. Section 96 of the Constitution Act, 1867 seems innocuous – an “uninstructed reading of the section itself” reveals little[1] – providing simply that judges of the superior courts (and the now defunct […] Read more

The legality of the appointment of Mainville J.A. to the Quebec Court of Appeal from the Federal Court of Appeal has been challenged. Several jurists have weighed in on the question: Hugo Cyr, Maxime St-Hilaire and Robert Décary* all take the view that a federal court judge cannot lawfully be appointed to a Quebec Court […] Read more