Chief Justice of Canada
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The Supreme Court of Canada consists of the Chief Justice of Canada (French: Juge en chef du Canada) and eight Puisne Justices appointed by the Governor in Council (Governor General of Canada) from among superior court judges or from among barristers of at least ten years' standing at the Bar of a province or territory. The Chief Justice is sworn as a member of the Queen's Privy Council for Canada prior to taking the oath of office as Chief Justice.
The Chief Justice presides at all sittings of the Court at which he or she is present. The Chief Justice divides the work of the Court by choosing the panels of Justices to hear the cases and motions brought before it.
The Chief Justice chairs the Canadian Judicial Council which is composed of all Chief Justices and Associate Chief Justices of superior courts in Canada. This body, established by the Judges Act, organizes seminars for federally appointed judges, coordinates the discussion of issues of concern to the judiciary, and conducts inquiries, either on public complaint or at the request of the federal Minister of Justice or a provincial Attorney General, into the conduct of any federally appointed judge.
The letters patent of 1947 respecting the office of Governor General provide that, should the Governor General die, become incapacitated or be absent from the country for a period of more than one month, the Chief Justice or, if that office is vacant, the senior puisne Justice of the Supreme Court, would become the Administrator of Canada and exercise all the powers and duties of the Governor General. This has happened twice in the past, with Chief Justices Robert Taschereau and Sir Lyman Poore Duff acting as Governor General for brief periods following the death of a sitting Governor General. In 2005, Chief Justice Beverley McLachlin was Administrator of Canada when then-Governor General, the Right Honourable Adrienne Clarkson was hospitalized when she had a pacemaker installed to regulate her heart beat.
The Chief Justice also chairs the committee which advises the Governor General on awards of membership in the Order of Canada.
Finally, the Chief Justice and the other Justices of the Court serve as deputies of the Governor General for the purpose of giving royal assent to bills passed by Parliament, signing official documents or receiving credentials of newly appointed High Commissioners and Ambassadors. The Chief Justice of Canada is officially designated as the Deputy Governor General of Canada.
The current Chief Justice is The Right Honourable Beverley McLachlin, P.C. She is the first woman to hold this position. She was appointed in 2000 and was previously a Puisne Justice of the Supreme Court of Canada, the Chief Justice of the British Columbia Supreme Court and a Justice on the British Columbia Court of Appeal. She also practised law with various firms and taught law at the University of British Columbia. She was born in Pincher Creek, Alberta, in 1943.
See also: List of Chief Justices of the Supreme Court of Canada
[edit] List of Chief Justices
[edit] Notes
- ^ a b Richards and Fitzpatrick never served as puisne justices, but were appointed directly to the position of Chief Justice. All other Chief Justices served as puisne justices before acceding to Chief Justice, usually (but not always) on the basis of seniority.
- ^ a b In cases where a Governor General dies in office or leaves the position before a replacement can be named, Canadian tradition is that the Chief Justice assumes the viceregal duties until a new Governor General is appointed. Duff and Taschereau are the two Chief Justices who have served as Acting Governors General under this convention.
