Revisiting the residency requirements
Changing the requirement that all judges on the Federal Court of Canada and the Tax Court of Canada reside in the national capital region will help increase diversity.
In a nutshell
The 2024 federal budget announced the government’s intention to revisit the residency requirements for Federal Court of Canada and Tax Court of Canada judges. The CBA’s Residency Requirement Resolution Working Group wrote to Justice Minister Arif Virani to express its support for this measure.
CBA Resolution
At its most recent Annual General Meeting in February 2024, the CBA passed a resolution calling on the federal government to change the requirements for the Federal Courts and Tax Court of Canada judges to reside in the national capital region.
In preparation for government consultations with justice stakeholders, the CBA set up a working group of interested members, representing a broad spectrum of practitioners who appear before both the Federal Court and Tax Court of Canada.
Increasing diversity
The working group emphasizes that the purpose pf changing the residency requirements is to “allow for a wider and more diverse pool of applicants and increase diversity,” crucial to ensuring the judiciary reflects the population it serves.
Read the submission.
