An Act to establish Judicial Independence Day
Bill S-291 was a Senate Private Member's Bill establishing Judicial Independence Day in 44-1 (Senate predecessor to 45-1 Bill S-219). The day would mark the principle that judges must be free from political pressure when deciding cases. The principle traces to the Act of Settlement, 1701 (which the Constitution Act, 1867 incorporated into Canada) and to the Supreme Court of Canada's binding ruling in Reference re Remuneration of Judges of the Provincial Court (P.E.I.) (1997) which held that the constitution requires independent compensation commissions to insulate judicial pay from political interference. The bill responded to ongoing federal-judicial-appointment-process scrutiny following the 2019 SNC-Lavalin DPA direction controversy. Did not pass third reading; reintroduced as S-219 of 45-1.
Status
Quick learn
Would create a Judicial Independence Day to mark the principle that judges must decide free of political pressure, rooted in the 1701 Act of Settlement and a 1997 Supreme Court ruling. A symbolic Senate bill; it returns in the 45th Parliament as S-219.
Issues this bill touches
- Democratic Renewal & Electoral Reform
Designates a Judicial Independence Day to recognize the importance of an independent judiciary.
Legislative history
- First reading
First reading in the Senate.
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Official source
Read full text on Parliament of Canada