Bill C-285
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-285 |
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An Act to amend the Supreme Court Act
(approval of justices by committee)
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| R.S., c. S-26;
R.S., c. 34
(3rd Supp.);
1990, c. 8;
1993, cc. 28,
34; 1994, c.
44; 1997, c.
18; 1998, c.
15
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1. (1) Subsection 2(1) of the Supreme
Court Act is amended by adding the
following in alphabetic order:
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| ``Committee'' « comité »
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``Committee'' means the standing committee
of the House of Commons appointed to deal
with matters related to justice;
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2. Section 4 of the Act is amended by
adding the following after subsection (2):
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| Fifteen-year
term
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(3) Subject to subsection 9(2), the
appointment of a judge shall be for a term of
fifteen years.
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| Nomination to
the
Committee
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(4) No person may be appointed under
subsection (2) unless
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| No second
term
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(5) A person who has served or who is
serving a term on the Court may not be
nominated for or appointed to a second term.
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| Deemed
approved after
six months
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(6) If, six months after the date, the
Governor in Council informed the House of
Commons of the name of a person it wishes to
appoint to the Court, the House of Commons
has neither
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the House of Commons is deemed to have
concurred in a recommendation that the
person be appointed.
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| House
dissolved
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(7) Notwithstanding subsection (4), if there
is a vacancy on the Court and, at the time,
there is no House of Commons, or if the
Governor in Council has informed the House
of the name of a person it nominates for
appointment to the Court and, before the
House has passed a resolution approving the
nomination, the House is dissolved, the
Governor in Council may appoint a person to
the Court for a term of two years.
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| Committee
may hear
witnesses
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(8) In taking under consideration a
nomination of a person to be appointed to the
Court, the Committee may call witnesses,
including the person nominated.
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3. Subsection 9(1) of the Act is replaced
with the following:
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| Tenure of
Office
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(1) Subject to subsection (2), the judges
hold office for their term of appointment
during good behaviour, but are removable by
the Governor General on address of the Senate
and House of Commons.
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