Appointment of judges: Quebec’s National Assembly adopts a unanimous motion

MNAs Pascal Bérubé (PQ), Guillaume Cliche-Rivard (QS), Monsef Derraji (PLQ) and the Minister of Justice and Canadian Relations, Simon Jolin-Barrette, at the red room on March 27, 2025. (The Canadian Press/Jacques Boissinot) (Jacques Boissinot/The Canadian Press)

The National Assembly unanimously adopted a motion on Wednesday calling on Ottawa to give Quebec more powers to appoint judges to the Quebec Superior Court and the Quebec Court of Appeal.

Quebec currently appoints judges to the Court of Quebec, municipal courts and justices of the peace.

In his motion presented in the red room, Minister of Justice and Canadian Relations Simon Jolin-Barrette announced his intention to initiate negotiations with Ottawa.

He wants to amend the Constitution Act to state in black and white that “the judges of the Superior Courts of Quebec are chosen from among the members of the Quebec Bar who have been recommended by the Government of Quebec.”

Jolin-Barrette described the current process as “flawed,” attributing unreasonable delays in appointing superior court judges in Quebec to the federal government.

In his view, it is “normal” for Quebec to participate in the selection of judges “who will be called upon to review the constitutionality of Quebec laws.”

On April 8, a spokesman for the Liberal Party of Canada (LPC) campaign announced that if elected on April 28, Mark Carney would not agree to Quebec’s request.

“Mark Carney believes that judicial appointments must remain independent. Independence is a cornerstone of the Canadian Constitution,” said Guillaume Bertrand in an e-mail to The Canadian Press.

“Quebec already has a designated representative on the committees that evaluate candidates for the Quebec Superior Court, the Quebec Court of Appeal and the federal courts.

“All the other members are also from Quebec, including one appointed by the Quebec Bar,” he added.

This report by The Canadian Press was first published in French April 23, 2025.