Feds appeal decision requiring action on ‘appalling’ level of judicial vacancies

OTTAWA — The federal government is challenging a court decision directing it to step up the pace of judicial appointments to address an “untenable” number of vacancies.

In a notice of appeal, the government says the Federal Court overstepped its constitutionally limited role and acted without jurisdiction.

In a February decision, Federal Court Justice Henry Brown said constitutional conventional requires Ottawa to appoint a new judge within a reasonable time of a vacancy.

The government’s notice of appeal says Brown erred by recognizing a constitutional convention that does not exist.