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N.B. government advised to ‘compromise’ with judiciary, scrap ‘unconstitutional’ veto over federal judge transfers

Monday, January 08, 2018 @ 6:17 AM | By Cristin Schmitz

The New Brunswick government should scrap its “unconstitutional” bid to control transfers of federal judges, and instead accept the offer of the New Brunswick Court of Queen’s Bench to sign a memorandum of understanding (MOU) entitling the province to be consulted in advance of judicial moves, legal experts advise.

Recent amendments to the Judicature Act (via Bill 17) purport to give the provincial government veto power over requests by federally appointed judges to transfer their place of work, despite such decision-making authority having always resided with...