Toronto Lawyer Aims to Block Harper’s Next Judicial Appointment

This article was last updated on April 16, 2022

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Toronto lawyer Rocco Galati has revealed to have filed a legal challenge against the Conservative government’s move to name a Federal Court judge to a Quebec judicial seat on Monday. Filing the legal challenge on Monday, Galati comprehended the move to slide Federal Court of Appeal judge Robert Mainville into the next Supreme Court of Canada seat by first moving him to the Quebec Appeal Court, hence he has officially questioned his eligibility for either job.

Galati has targeted to acquire an injunction in Federal Court to block Mainville’s swearing in as a Quebec Court of Appeal judge, and requested the court that Mainville not be named to the opening in November to fill retiring Justice Louis LeBel’s vacancy until the legal issues have been decided. On the other hand, Justice Minister Peter MacKay mentioned in a statement issued on late Friday afternoon that Mainville will be transferred from the Federal Court to the Quebec Court of Appeal.

MacKay alleged that Mainville was one of the three names that appeared on a shortlist of candidates for an opening on the Supreme Court of Canada, which previously Marc Nadon won. However, the Supreme Court of Canada invalidated Nadon’s appointment after it was challenged by Galati, hence forcing Ottawa to refer the question of a Federal Court judge’s eligibility directly to the high court. Consequently, the high court ruled that the Constitution requires that judges for any of the three Quebec seats on its bench to be chosen from among current members of the bar, or the Quebec Superior Court or Court of Appeal.

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2 Comments

  1. Here is a question I have for Elections Canada or any judicial entity that has ANY balls; WHY ISN’T HARPER IN JAIL ???????!!!!!!!!!!!!!!!!!!!!!

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