Chief Justice of Canada: Difference between revisions
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{{Short description|Presiding judge of the Supreme Court of Canada}} |
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{{Infobox |
{{Infobox official post |
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|post |
| post = Chief Justice |
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|body =Canada |
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| |
| body = Canada |
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| insignia = |
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|insigniasize |
| insigniasize = 110px |
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|insigniacaption = |
| insigniacaption = |
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|department |
| department = [[Supreme Court of Canada]]<br>[[Court system of Canada|Canadian judicial system<br>(King-on-the-Bench)]] |
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|image |
| image = The_Honourable_Richard_Wagner.jpg |
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|alt |
| alt = The Chief Justice of Canada |
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|incumbent |
| incumbent = [[Richard Wagner (judge)|Richard Wagner]] |
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|incumbentsince |
| incumbentsince = December 18, 2017 |
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|style =[[The Right Honourable]]<br>[[Court system of Canada#Etiquette/Decorum|Madam/Mister Chief Justice]] |
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| |
| style = [[The Right Honourable]]<br>[[Court system of Canada#Etiquette/Decorum|Madam/Mister Chief Justice]] |
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| status = [[Chief justice]], head of a [[court system]]<br>[[Deputy of the Governor General of Canada|Deputy Governor General]]<br>4th in [[Canadian order of precedence]] |
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| member_of |
| member_of = [[Supreme Court of Canada|Supreme Court]]<br>[[Canadian Judicial Council]] (''[[Ex-officio]]'' chairman)<br>[[Order of Canada#Advisory council|Order of Canada advisory council]] (chairman) |
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|seat |
| seat = [[Supreme Court of Canada Building|Supreme Court Building]], [[Ottawa]], [[Ontario]] |
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|nominator |
| nominator = [[Cabinet of Canada|Cabinet]] |
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|appointer |
| appointer = [[The Crown|Crown]]; |
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| constituting_instrument = [[Supreme Court Act]] |
| constituting_instrument = ''[[Supreme Court Act]]'' |
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| termlength = None; |
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|termlength =No set term, though retirement is mandatory at age 75 |
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|inaugural |
| inaugural = [[Sir William Buell Richards]] |
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|formation |
| formation = {{start date and age|1875|9|30|p=1|br=1}} |
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|last |
| last = |
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|abolished |
| abolished = |
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|succession |
| succession = May assume viceregal role as [[Administrator of Canada]] |
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|deputy |
| deputy = |
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|salary |
| salary = [[Canadian dollar|$]]413,500 (''as of April 2018'')<ref>{{cite web| title=Guide for Candidates| url=http://www.fja-cmf.gc.ca/appointments-nominations/guideCandidates-eng.html#Remuneration| publisher=Office of the Commissioner for Federal Judicial Affairs| location=Ottawa, Ontario| access-date=November 23, 2018}}</ref> |
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|website |
| website = {{url|http://scc-csc.gc.ca/}} |
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| native_name = {{smaller|{{nobold|{{lang|fr|Juge en Chef du Canada}}}}}} |
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| appointer_qualified = on the [[Advice (constitutional)|advice]] of the [[Prime Minister of Canada|prime minister]] |
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| termlength_qualified = mandatory retirement at age 75 |
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}} |
}} |
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{{Canadian politics}} |
{{Canadian politics}} |
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The ''' |
The '''chief justice of Canada''' ({{lang-fr|juge en chef du Canada}}) is the presiding judge of the nine-member [[Supreme Court of Canada]], the highest [[Judiciary|judicial]] body in [[Canada]]. As such, the chief justice is the highest-ranking judge of the [[Court system of Canada|Canadian court system]]. The ''[[Supreme Court Act]]'' makes the chief justice, a [[King-in-Council|Crown in Council]] appointment, meaning the Crown acting on the advice of the [[Prime Minister of Canada|prime minister]] and [[Minister of Justice and Attorney General of Canada|minister of justice]]. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's [[incumbent]] [[puisne justice]]s. |
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The chief justice has significant influence in the [[Procedures of the Supreme Court of Canada|procedural rules of the Court]], presides when [[oral arguments]] are held, and leads the discussion of cases among the justices. |
The chief justice has significant influence in the [[Procedures of the Supreme Court of Canada|procedural rules of the Court]], presides when [[oral arguments]] are held, and leads the discussion of cases among the justices. The chief justice is also [[Deputy of the Governor General of Canada|deputy governor general]], ''[[ex-officio]]'' chairman of the [[Canadian Judicial Council]], and heads the committee that selects recipients of the [[Order of Canada]]. Additionally, a chief justice also assumes the role of [[Administrator (Canada)|Administrator of Canada]] and exercises the viceregal duties of the governor general upon the death, resignation or incapacitation of the governor general. |
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Since the Supreme Court was established in 1875, 18 people have served as chief justice. The |
[[Richard Wagner (judge)|Richard Wagner]] has served as the current chief justice of Canada since 2017. Since the Supreme Court was established in 1875, 18 people have served as chief justice. The court's first chief justice was [[William Buell Richards]]; [[Beverley McLachlin]] is the longest serving Canadian chief justice ({{ayd|2000|1|7|2017|12|14}}), and was the first woman to hold the position. |
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== Appointment == |
== Appointment == |
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The |
The chief justice is appointed by the Governor in Council under the ''Supreme Court Act'' on the advice of the prime minister.<ref name=":0">{{Cite web|title = Supreme Court of Canada|url = http://www.lop.parl.gc.ca/ParlInfo/compilations/SupremeCourt.aspx?Current=True&Menu=SupremeCourt|access-date = 2016-01-06}}</ref> The appointment is subject to the ''Supreme Court Act'', which governs the administration and appointment of judges of the court. By this component of the [[Constitution of Canada]], Judges appointed to the court must be "a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province." |
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Tradition dictates that the chief justice be appointed from among the |
Tradition dictates that the chief justice be appointed from among the court's puisne judges; in the [[History of the Supreme Court of Canada|history of the Court]], only two were not: William Buell Richards, and [[Charles Fitzpatrick]]. It is also customary that a new chief justice be chosen alternately from among: the three justices who by law must be from [[Quebec]] (with its [[law in Quebec|civil law]] system), and the other six justices from the rest of Canada (representing the [[Law of Canada#Common law|common law]] tradition). Since 1933, this tradition has only been broken once, when [[Brian Dickson]] of [[Manitoba]] was named to succeed [[Bora Laskin]] of [[Ontario]] in 1984. |
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== Duties == |
== Duties == |
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The |
The chief justice's central duty is to preside at hearings before the Supreme Court.<ref name=":1">{{Cite web|title = Supreme Court of Canada – Role of the Court|url = http://www.scc-csc.ca/court-cour/role-eng.aspx|website = www.scc-csc.ca|access-date = 2016-01-06|publisher = Supreme Court of Canada}}</ref> The chief justice presides from the centre chair. If the chief justice is absent, the senior puisne judge presides.<ref name=":1" /> |
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===Judicial Council=== |
===Judicial Council=== |
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The |
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 in 1971 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 a federal or provincial minister of justice or attorney general, into the conduct of any federally appointed judge. |
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=== Other duties === |
=== Other duties === |
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The |
The chief justice is sworn as a member of the [[Queen's Privy Council for Canada|Privy Council]] prior to taking the judicial [[oath of office]].<ref>{{cite web | url=http://www.scc-csc.ca/court-cour/judges-juges/about-apropos-eng.aspx | title=About the Judges | publisher=Supreme Court of Canada | access-date=6 January 2016 | archive-url=https://web.archive.org/web/20160304101011/http://www.scc-csc.ca/court-cour/judges-juges/about-apropos-eng.aspx | archive-date=4 March 2016 | url-status=dead }}</ref> The chief justice also sits on the advisory council of Canada's highest civilian order, the [[Order of Canada]]. In practice however, the chief justice abstains from voting on a candidate's [[Removal from the Order of Canada|removal from the order]], presumably because this process has so far only applied to individuals convicted in a lower court of a criminal offence, and could create a conflict of interest for the chief justice if that individual appealed their conviction to the Supreme Court. |
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Under the [[Electoral Boundaries Readjustment Act]], each province has a three-person commission responsible for modifying that province's federal [[electoral district (Canada)|ridings]]. The chair of each such commission is appointed by the chief justice of that province; if no appointment is made by the provincial chief justice, the responsibility falls to the |
Under the ''[[Electoral Boundaries Readjustment Act]]'', each province has a three-person commission responsible for modifying that province's federal [[electoral district (Canada)|ridings]]. The chair of each such commission is appointed by the chief justice of that province; if no appointment is made by the provincial chief justice, the responsibility falls to the chief justice of Canada.<ref>{{cite web|url=http://laws.justice.gc.ca/en/E-3/index.html|title=Electoral Boundaries Readjustment Act|access-date=2009-09-25|archive-date=2006-11-11|archive-url=https://web.archive.org/web/20061111025108/http://laws.justice.gc.ca/en/E-3/index.html|url-status=dead}}</ref> |
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==Administrator of Canada== |
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==Assistant viceroy== |
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The [[ |
The ''[[Constitution Act, 1867]]'' provides that there can be an "Administrator for the Time being carrying on the Government of Canada."<ref>[https://laws-lois.justice.gc.ca/eng/const/page-1.html''Constitution Act, 1867'', s. 10.]</ref> The ''[[Letters Patent, 1947]]'' respecting the Office of [[Governor General of Canada|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 [[Administrator (Canada)|Administrator of Canada]] and exercise all the powers and duties of the governor general.<ref>[https://www.solon.org/Constitutions/Canada/English/LettersPatent.html ''Letters Patent Constituting the Office of Governor General of Canada'', s. 8.]</ref> This has happened on four occasions: chief justices [[Lyman Duff]] and [[Robert Taschereau]] each did so, in 1940 and 1967 respectively, following the death of the [[incumbent]] governor general, as did Chief Justice [[Beverley McLachlin]] when the Governor General underwent surgery in 2005. With the resignation of [[Julie Payette]] in January 2021, Richard Wagner served as Administrator until the appointment of [[Mary Simon]] as Governor General in July of the same year.<ref>Ashley Burke, [https://www.cbc.ca/news/politics/governor-general-payette-step-down-1.5882675 "Payette stepping down as governor general after blistering report on Rideau Hall work environment"]. [[CBC News]], January 21, 2021.</ref><ref>Catharine Tunney, [https://www.cbc.ca/news/politics/mary-simon-installed-as-governor-general-1.6114622 "Mary Simon officially becomes Canada's first Inuk Governor General"]. [[CBC News]], July 26, 2021.</ref> |
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The |
The chief justice and the other justices of the court serve as [[Deputy of the Governor General of Canada|deputies of the governor general]] for the purpose of giving [[Royal Assent]] to bills passed by [[Parliament of Canada|Parliament]], signing official documents or receiving credentials of newly appointed [[High Commissioner|high commissioner]]s and [[ambassador]]s. |
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==Current chief justice== |
==Current chief justice== |
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The current |
The current chief justice is [[Richard Wagner (judge)|Richard Wagner]], who took office on December 18, 2017, succeeding [[Beverley McLachlin]]. Born in [[Montreal]] on April 2, 1957, Wagner had been a puisne Supreme Court justice for {{ayd|2012|10|5|2017|12|18}} at the time of his elevation to chief justice. He previously sat on the [[Quebec Court of Appeal]]. |
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==List of chief justices== |
==List of chief justices== |
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Since the Supreme Court was established in 1875, the following 18 persons have served as Chief Justice:<ref name=CFCJs>{{cite web|title=Current and Former Chief Justices| url=https://www.scc-csc.ca/judges-juges/cfcju-jucp-eng.aspx| publisher=Supreme Court of Canada| location=Ottawa, Ontario| |
Since the Supreme Court was established in 1875, the following 18 persons have served as Chief Justice:<ref name=CFCJs>{{cite web|title=Current and Former Chief Justices| url=https://www.scc-csc.ca/judges-juges/cfcju-jucp-eng.aspx| publisher=Supreme Court of Canada| location=Ottawa, Ontario| access-date=November 12, 2018}}</ref> |
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{| class="wikitable sortable" |
{| class="wikitable sortable" |
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|- |
|- |
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! Image |
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! Name<br>(Province) |
! Name<br>(Province) |
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! colspan=2 | Order and term{{efn-ua|The ''start date'' listed for each chief justice is the day |
! colspan=2 | Order and term{{efn-ua|The ''start date'' listed for each chief justice is the day the justice took the judicial oath of office, and the ''end date'' is the date of the justice's death, resignation, or retirement.}} |
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! Length of term |
! Length of term |
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! class="unsortable" | Appointed on<br>advice of |
! class="unsortable" | Appointed on<br>advice of |
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! Date of death |
! Date of death |
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|- |
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| [[File:William Buell Richards.jpg|75px]] |
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| {{sortname|William Buell|Richards}}<br>([[Ontario]]) |
| {{sortname|William Buell|Richards}}<br>([[Ontario]]) |
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| {{sort|01|1st}} |
| {{sort|01|1st}} |
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Line 79: | Line 85: | ||
| {{dts|1889|1|26}} |
| {{dts|1889|1|26}} |
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|- |
|- |
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| [[File:William Johnstone Ritchie.jpg|75px]] |
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| {{sortname|William Johnstone|Ritchie}}<br>([[New Brunswick]]) |
| {{sortname|William Johnstone|Ritchie}}<br>([[New Brunswick]]) |
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| {{sort|02|2nd}} |
| {{sort|02|2nd}} |
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Line 87: | Line 94: | ||
| {{dts|1892|9|25}}{{efn-ua|name=DIO|Died in office}} |
| {{dts|1892|9|25}}{{efn-ua|name=DIO|Died in office}} |
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|- |
|- |
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| [[File:Samuel Henry Strong in 1895.jpg|75px]] |
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| {{sortname|Samuel Henry|Strong}}<br>([[Ontario]]) |
| {{sortname|Samuel Henry|Strong}}<br>([[Ontario]]) |
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| {{sort|03|3rd}} |
| {{sort|03|3rd}} |
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| {{dts|1909|8|31}} |
| {{dts|1909|8|31}} |
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|- |
|- |
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| [[File:Henri Elzéar Taschereau.jpg|75px]] |
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| {{sortname|Henri Elzéar|Taschereau}}<br>([[Quebec]]) |
| {{sortname|Henri Elzéar|Taschereau}}<br>([[Quebec]]) |
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| {{sort|04|4th}} |
| {{sort|04|4th}} |
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| {{dts|1911|4|14}} |
| {{dts|1911|4|14}} |
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|- |
|- |
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| [[File:Charles Fitzpatrick.jpg|75px]] |
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| {{sortname|Charles|Fitzpatrick}}{{efn-ua|name=direct2CJ|Appointed directly from the [[Cabinet of Canada|Cabinet]], and never served as puisne justice; only time the chief justiceship has been filled from outside the [[Court system of Canada|judiciary]].<ref>{{cite book| last1=Snell| first1=James G.| last2=Vaughan| first2=Frederick| title=The Supreme Court of Canada: History of the Institution| url=https://archive.org/details/supremecourtofca0000snel/page/90| year=1985| isbn=0-8020-3417-9| page=[https://archive.org/details/supremecourtofca0000snel/page/90 90]| publisher=Osgoode Society for Canadian Legal History| location=[[Osgoode Hall]], Toronto, Ontario| |
| {{sortname|Charles|Fitzpatrick}}{{efn-ua|name=direct2CJ|Appointed directly from the [[Cabinet of Canada|Cabinet]], and never served as puisne justice; only time the chief justiceship has been filled from outside the [[Court system of Canada|judiciary]].<ref>{{cite book| last1=Snell| first1=James G.| last2=Vaughan| first2=Frederick| title=The Supreme Court of Canada: History of the Institution| url=https://archive.org/details/supremecourtofca0000snel/page/90| year=1985| isbn=0-8020-3417-9| page=[https://archive.org/details/supremecourtofca0000snel/page/90 90]| publisher=Osgoode Society for Canadian Legal History| location=[[Osgoode Hall]], Toronto, Ontario| access-date=November 12, 2018}}</ref>}}<br>([[Quebec]]) |
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| {{sort|05|5th}} |
| {{sort|05|5th}} |
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| June 4, 1906 –<br>October 20, 1918 |
| June 4, 1906 –<br>October 20, 1918 |
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| {{dts|1942|6|17}} |
| {{dts|1942|6|17}} |
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|- |
|- |
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| [[File:Hon. Sir Louis Henry Davies.jpg|75px]] |
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| {{sortname|Louis Henry|Davies}}<br>([[Prince Edward Island]]) |
| {{sortname|Louis Henry|Davies}}<br>([[Prince Edward Island]]) |
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| {{sort|06|6th}} |
| {{sort|06|6th}} |
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| {{dts|1924|5|1}}{{efn-ua|name=DIO}} |
| {{dts|1924|5|1}}{{efn-ua|name=DIO}} |
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|- |
|- |
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| [[File:Francis Anglin.jpg|75px]] |
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| {{sortname|Francis Alexander|Anglin}}<br>([[Ontario]]) |
| {{sortname|Francis Alexander|Anglin}}<br>([[Ontario]]) |
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| {{sort|07|7th}} |
| {{sort|07|7th}} |
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Line 127: | Line 139: | ||
| {{dts|1933|3|2}} |
| {{dts|1933|3|2}} |
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|- |
|- |
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| [[File:Lyman Poore Duff.jpg|75px]] |
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| {{sortname|Lyman|Duff}}<br>([[British Columbia]]) |
| {{sortname|Lyman|Duff}}<br>([[British Columbia]]) |
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| {{sort|08|8th}} |
| {{sort|08|8th}} |
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| {{dts|1955|4|26}} |
| {{dts|1955|4|26}} |
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|- |
|- |
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| [[File:Rt. Hon. Thibaudeau Rinfret.jpg|75px]] |
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| {{sortname|Thibaudeau|Rinfret}}<br>([[Quebec]]) |
| {{sortname|Thibaudeau|Rinfret}}<br>([[Quebec]]) |
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| {{sort|09|9th}} |
| {{sort|09|9th}} |
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| {{dts|1962|7|25}} |
| {{dts|1962|7|25}} |
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|- |
|- |
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| [[File:Patrick Kerwin (cropped).jpg|75px]] |
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| {{sortname|Patrick|Kerwin}}<br>([[Ontario]]) |
| {{sortname|Patrick|Kerwin}}<br>([[Ontario]]) |
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| {{sort|10|10th}} |
| {{sort|10|10th}} |
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Line 151: | Line 166: | ||
| {{dts|1963|2|2}}{{efn-ua|name=DIO}} |
| {{dts|1963|2|2}}{{efn-ua|name=DIO}} |
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|- |
|- |
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| [[File:Robert Taschereau.png|75px]] |
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| {{sortname|Robert|Taschereau}}<br>([[Quebec]]) |
| {{sortname|Robert|Taschereau}}<br>([[Quebec]]) |
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| {{sort|11|11th}} |
| {{sort|11|11th}} |
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Line 159: | Line 175: | ||
| {{dts|1970|7|26}} |
| {{dts|1970|7|26}} |
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|- |
|- |
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| [[File:Rt. Hon. John Robert Cartwright (cropped).jpg|75px]] |
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| {{sortname|John Robert|Cartwright}}<br>([[Ontario]]) |
| {{sortname|John Robert|Cartwright}}<br>([[Ontario]]) |
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| {{sort|12|12th}} |
| {{sort|12|12th}} |
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Line 167: | Line 184: | ||
| {{dts|1979|11|24}} |
| {{dts|1979|11|24}} |
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|- |
|- |
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| [[File:Rt. Hon. Gerald Fauteux 02.jpg|75px]] |
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| {{sortname|Gérald|Fauteux}}<br>([[Quebec]]) |
| {{sortname|Gérald|Fauteux}}<br>([[Quebec]]) |
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| {{sort|13|13th}} |
| {{sort|13|13th}} |
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Line 175: | Line 193: | ||
| {{dts|1980|9|14}} |
| {{dts|1980|9|14}} |
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|- |
|- |
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| |
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| {{sortname|Bora|Laskin}}<br>([[Ontario]]) |
| {{sortname|Bora|Laskin}}<br>([[Ontario]]) |
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| {{sort|14|14th}} |
| {{sort|14|14th}} |
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Line 183: | Line 202: | ||
| {{dts|1984|3|26}}{{efn-ua|name=DIO}} |
| {{dts|1984|3|26}}{{efn-ua|name=DIO}} |
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|- |
|- |
||
| |
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| {{sortname|Brian|Dickson}}<br>([[Manitoba]]) |
| {{sortname|Brian|Dickson}}<br>([[Manitoba]]) |
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| {{sort|15|15th}} |
| {{sort|15|15th}} |
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Line 191: | Line 211: | ||
| {{dts|1998|10|17}} |
| {{dts|1998|10|17}} |
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|- |
|- |
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| |
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| {{sortname|Antonio|Lamer}}<br>([[Quebec]]) |
| {{sortname|Antonio|Lamer}}<br>([[Quebec]]) |
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| {{sort|16|16th}} |
| {{sort|16|16th}} |
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| {{dts|2007|11|24}} |
| {{dts|2007|11|24}} |
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|- |
|- |
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| [[File:Beverley McLachlin.jpg|75px]] |
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| {{sortname|Beverley|McLachlin}}<br>([[British Columbia]]) |
| {{sortname|Beverley|McLachlin}}<br>([[British Columbia]]) |
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| {{sort|17|17th}} |
| {{sort|17|17th}} |
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| January 7, 2000 –<br>December 14, 2017{{efn-ua|Assumed vice regal duties as Administrator of Canada in July 2005 when Governor General [[Adrienne Clarkson]] underwent surgery.<ref>{{cite web| title=Beverly McLachlin, Canada: Chief Justice, Supreme Court of Canada| last=Everett| first=Jason K.| url=http://www.judicialmonitor.org/summer2016/justiceinprofile.html| work=International Judicial Monitor| publisher=International Judicial Academy of the International Law Institute| location=Washington, D.C.| date=Summer 2016| |
| January 7, 2000 –<br>December 14, 2017{{efn-ua|Assumed vice regal duties as Administrator of Canada in July 2005 when Governor General [[Adrienne Clarkson]] underwent surgery.<ref>{{cite web| title=Beverly McLachlin, Canada: Chief Justice, Supreme Court of Canada| last=Everett| first=Jason K.| url=http://www.judicialmonitor.org/summer2016/justiceinprofile.html| work=International Judicial Monitor| publisher=International Judicial Academy of the International Law Institute| location=Washington, D.C.| date=Summer 2016| access-date=November 12, 2018}}</ref>}} |
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| {{ayd|2000|1|7|2017|12|14}} |
| {{ayd|2000|1|7|2017|12|14}} |
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| [[Jean Chrétien|Chrétien]] |
| [[Jean Chrétien|Chrétien]] |
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| <span style="display:none">{{CURRENTYEAR}}-{{CURRENTMONTH}}-{{CURRENTDAY}}</span>''(living)'' |
| <span style="display:none">{{CURRENTYEAR}}-{{CURRENTMONTH}}-{{CURRENTDAY}}</span>''(living)'' |
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|-bgcolor="#fffacd" |
|-bgcolor="#fffacd" |
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| [[File:The Honourable Richard Wagner.jpg|75px]] |
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| {{sortname|Richard|Wagner|Richard Wagner (judge)}}<br>([[Quebec]]) |
| {{sortname|Richard|Wagner|Richard Wagner (judge)}}<br>([[Quebec]]) |
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| {{sort|18|18th}} |
| {{sort|18|18th}} |
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| December 18, 2017 –<br>''[[Incumbent]]'' |
| December 18, 2017 –<br>''[[Incumbent]]''{{efn-ua|Assumed vice-regal duties as Administrator of Canada January 23 – July 26, 2021, following the resignation of Governor-General [[Julie Payette]].}} |
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| ''{{ayd|2017|12|18}}{{efn-ua|name=ongoing|As of {{FULLDATE}}}}'' |
| ''{{ayd|2017|12|18}}{{efn-ua|name=ongoing|As of {{FULLDATE}}}}'' |
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| [[Justin Trudeau|J. Trudeau]] |
| [[Justin Trudeau|J. Trudeau]] |
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[[Category:Supreme Court of Canada]] |
[[Category:Supreme Court of Canada]] |
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[[Category:Chief |
[[Category:Chief justices of Canada|*]] |
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[[Category:Lists of Canadian judges]] |
[[Category:Lists of Canadian judges]] |
Latest revision as of 06:35, 3 May 2024
Chief Justice of Canada | |
---|---|
Juge en Chef du Canada | |
since December 18, 2017 | |
Supreme Court of Canada Canadian judicial system (King-on-the-Bench) | |
Style | The Right Honourable Madam/Mister Chief Justice |
Status | Chief justice, head of a court system Deputy Governor General 4th in Canadian order of precedence |
Member of | Supreme Court Canadian Judicial Council (Ex-officio chairman) Order of Canada advisory council (chairman) |
Seat | Supreme Court Building, Ottawa, Ontario |
Nominator | Cabinet |
Appointer | Crown; on the advice of the prime minister |
Term length | None; mandatory retirement at age 75 |
Constituting instrument | Supreme Court Act |
Inaugural holder | Sir William Buell Richards |
Formation | September 30, 1875 |
Succession | May assume viceregal role as Administrator of Canada |
Salary | $413,500 (as of April 2018)[1] |
Website | scc-csc |
The chief justice of Canada (French: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The Supreme Court Act makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices.
The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ex-officio chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a chief justice also assumes the role of Administrator of Canada and exercises the viceregal duties of the governor general upon the death, resignation or incapacitation of the governor general.
Richard Wagner has served as the current chief justice of Canada since 2017. Since the Supreme Court was established in 1875, 18 people have served as chief justice. The court's first chief justice was William Buell Richards; Beverley McLachlin is the longest serving Canadian chief justice (17 years, 341 days), and was the first woman to hold the position.
Appointment
[edit]The chief justice is appointed by the Governor in Council under the Supreme Court Act on the advice of the prime minister.[2] The appointment is subject to the Supreme Court Act, which governs the administration and appointment of judges of the court. By this component of the Constitution of Canada, Judges appointed to the court must be "a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province."
Tradition dictates that the chief justice be appointed from among the court's puisne judges; in the history of the Court, only two were not: William Buell Richards, and Charles Fitzpatrick. It is also customary that a new chief justice be chosen alternately from among: the three justices who by law must be from Quebec (with its civil law system), and the other six justices from the rest of Canada (representing the common law tradition). Since 1933, this tradition has only been broken once, when Brian Dickson of Manitoba was named to succeed Bora Laskin of Ontario in 1984.
Duties
[edit]The chief justice's central duty is to preside at hearings before the Supreme Court.[3] The chief justice presides from the centre chair. If the chief justice is absent, the senior puisne judge presides.[3]
Judicial Council
[edit]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 in 1971 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 a federal or provincial minister of justice or attorney general, into the conduct of any federally appointed judge.
Other duties
[edit]The chief justice is sworn as a member of the Privy Council prior to taking the judicial oath of office.[4] The chief justice also sits on the advisory council of Canada's highest civilian order, the Order of Canada. In practice however, the chief justice abstains from voting on a candidate's removal from the order, presumably because this process has so far only applied to individuals convicted in a lower court of a criminal offence, and could create a conflict of interest for the chief justice if that individual appealed their conviction to the Supreme Court.
Under the Electoral Boundaries Readjustment Act, each province has a three-person commission responsible for modifying that province's federal ridings. The chair of each such commission is appointed by the chief justice of that province; if no appointment is made by the provincial chief justice, the responsibility falls to the chief justice of Canada.[5]
Administrator of Canada
[edit]The Constitution Act, 1867 provides that there can be an "Administrator for the Time being carrying on the Government of Canada."[6] The Letters Patent, 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 Administrator of Canada and exercise all the powers and duties of the governor general.[7] This has happened on four occasions: chief justices Lyman Duff and Robert Taschereau each did so, in 1940 and 1967 respectively, following the death of the incumbent governor general, as did Chief Justice Beverley McLachlin when the Governor General underwent surgery in 2005. With the resignation of Julie Payette in January 2021, Richard Wagner served as Administrator until the appointment of Mary Simon as Governor General in July of the same year.[8][9]
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.
Current chief justice
[edit]The current chief justice is Richard Wagner, who took office on December 18, 2017, succeeding Beverley McLachlin. Born in Montreal on April 2, 1957, Wagner had been a puisne Supreme Court justice for 5 years, 74 days at the time of his elevation to chief justice. He previously sat on the Quebec Court of Appeal.
List of chief justices
[edit]Since the Supreme Court was established in 1875, the following 18 persons have served as Chief Justice:[10]
Image | Name (Province) |
Order and term[A] | Length of term | Appointed on advice of |
Date of birth | Date of death | |
---|---|---|---|---|---|---|---|
William Buell Richards (Ontario) |
1st | September 30, 1875 – January 10, 1879 |
3 years, 102 days | Mackenzie | May 2, 1815 | January 26, 1889 | |
William Johnstone Ritchie (New Brunswick) |
2nd | January 11, 1879 – September 25, 1892 |
13 years, 258 days | Macdonald | October 28, 1813 | September 25, 1892[B] | |
Samuel Henry Strong (Ontario) |
3rd | December 13, 1892 – November 17, 1902 |
9 years, 339 days | Thompson | August 13, 1825 | August 31, 1909 | |
Henri Elzéar Taschereau (Quebec) |
4th | November 21, 1902 – May 1, 1906 |
3 years, 161 days | Laurier | October 7, 1836 | April 14, 1911 | |
Charles Fitzpatrick[C] (Quebec) |
5th | June 4, 1906 – October 20, 1918 |
12 years, 138 days | Laurier | December 19, 1851 | June 17, 1942 | |
Louis Henry Davies (Prince Edward Island) |
6th | October 23, 1918 – May 1, 1924 |
5 years, 191 days | Borden | May 4, 1845 | May 1, 1924[B] | |
Francis Alexander Anglin (Ontario) |
7th | September 16, 1924 – February 27, 1933 |
8 years, 164 days | King | April 2, 1865 | March 2, 1933 | |
Lyman Duff (British Columbia) |
8th | March 17, 1933 – January 6, 1944[D] |
10 years, 295 days | Bennett | January 7, 1865 | April 26, 1955 | |
Thibaudeau Rinfret (Quebec) |
9th | January 8, 1944 – June 21, 1954 |
10 years, 164 days | King | June 22, 1879 | July 25, 1962 | |
Patrick Kerwin (Ontario) |
10th | July 1, 1954 – February 2, 1963 |
8 years, 216 days | St. Laurent | October 25, 1889 | February 2, 1963[B] | |
Robert Taschereau (Quebec) |
11th | April 22, 1963 – August 31, 1967[E] |
4 years, 131 days | Pearson | September 10, 1896 | July 26, 1970 | |
John Robert Cartwright (Ontario) |
12th | September 1, 1967 – March 22, 1970 |
2 years, 202 days | Pearson | March 23, 1895 | November 24, 1979 | |
Gérald Fauteux (Quebec) |
13th | March 23, 1970 – December 22, 1973 |
3 years, 274 days | P. Trudeau | October 22, 1900 | September 14, 1980 | |
Bora Laskin (Ontario) |
14th | December 27, 1973 – March 26, 1984 |
10 years, 90 days | P. Trudeau | October 5, 1912 | March 26, 1984[B] | |
Brian Dickson (Manitoba) |
15th | April 18, 1984 – June 29, 1990 |
6 years, 72 days | P. Trudeau | May 25, 1916 | October 17, 1998 | |
Antonio Lamer (Quebec) |
16th | July 1, 1990 – January 6, 2000 |
9 years, 189 days | Mulroney | July 8, 1933 | November 24, 2007 | |
Beverley McLachlin (British Columbia) |
17th | January 7, 2000 – December 14, 2017[F] |
17 years, 341 days | Chrétien | September 7, 1943 | (living) | |
Richard Wagner (Quebec) |
18th | December 18, 2017 – Incumbent[G] |
6 years, 293 days[H] | J. Trudeau | April 2, 1957 | (living) |
This graphical timeline depicts the length of each justice's tenure as chief justice:[10]
Notes
[edit]- ^ The start date listed for each chief justice is the day the justice took the judicial oath of office, and the end date is the date of the justice's death, resignation, or retirement.
- ^ a b c d Died in office
- ^ Appointed directly from the Cabinet, and never served as puisne justice; only time the chief justiceship has been filled from outside the judiciary.[11]
- ^ Assumed vice regal duties as Administrator of Canada February 11 – June 21, 1940, following the death in office of Governor General Lord Tweedsmuir.
- ^ Assumed vice regal duties as Administrator of Canada March 5 – April 17, 1967, following the death in office of Governor General Georges Vanier.
- ^ Assumed vice regal duties as Administrator of Canada in July 2005 when Governor General Adrienne Clarkson underwent surgery.[12]
- ^ Assumed vice-regal duties as Administrator of Canada January 23 – July 26, 2021, following the resignation of Governor-General Julie Payette.
- ^ As of October 6, 2024
References
[edit]- ^ "Guide for Candidates". Ottawa, Ontario: Office of the Commissioner for Federal Judicial Affairs. Retrieved November 23, 2018.
- ^ "Supreme Court of Canada". Retrieved 2016-01-06.
- ^ a b "Supreme Court of Canada – Role of the Court". www.scc-csc.ca. Supreme Court of Canada. Retrieved 2016-01-06.
- ^ "About the Judges". Supreme Court of Canada. Archived from the original on 4 March 2016. Retrieved 6 January 2016.
- ^ "Electoral Boundaries Readjustment Act". Archived from the original on 2006-11-11. Retrieved 2009-09-25.
- ^ Constitution Act, 1867, s. 10.
- ^ Letters Patent Constituting the Office of Governor General of Canada, s. 8.
- ^ Ashley Burke, "Payette stepping down as governor general after blistering report on Rideau Hall work environment". CBC News, January 21, 2021.
- ^ Catharine Tunney, "Mary Simon officially becomes Canada's first Inuk Governor General". CBC News, July 26, 2021.
- ^ a b "Current and Former Chief Justices". Ottawa, Ontario: Supreme Court of Canada. Retrieved November 12, 2018.
- ^ Snell, James G.; Vaughan, Frederick (1985). The Supreme Court of Canada: History of the Institution. Osgoode Hall, Toronto, Ontario: Osgoode Society for Canadian Legal History. p. 90. ISBN 0-8020-3417-9. Retrieved November 12, 2018.
- ^ Everett, Jason K. (Summer 2016). "Beverly McLachlin, Canada: Chief Justice, Supreme Court of Canada". International Judicial Monitor. Washington, D.C.: International Judicial Academy of the International Law Institute. Retrieved November 12, 2018.