Federal Court of Appeal overturns decision requiring action on judicial vacancies

By Canadian Press on June 19, 2025.

OTTAWA — A panel of judges has overturned a Federal Court ruling that directed the federal government to step up the pace of judicial appointments to address an “untenable” number of vacancies.

The Federal Court of Appeal allowed the federal appeal of the ruling, saying the lower court lacked jurisdiction to hear the case.

In a February 2024 ruling, Federal Court Justice Henry Brown said constitutional convention requires Ottawa to appoint a new judge to fill a vacancy within a reasonable time.

The government asked the Federal Court of Appeal to set aside the judgment and dismiss the underlying application brought by lawyer Yavar Hameed.

In his application, Hameed said he had experienced significant delays in litigation proceedings on behalf of vulnerable clients.

Among the material filed in the initial case was a May 2023 letter to then-prime minister Justin Trudeau from Chief Justice Richard Wagner, chair of the Canadian Judicial Council, expressing “deep concern” about the 85 judicial vacancies on superior and federal courts.

This report by The Canadian Press was first published June 19, 2025.

Jim Bronskill, The Canadian Press