T-16 - Courts of Justice Act

Section 88.1 Disposition versions

2022-06-01

88.1. The Minister of Justice shall not require any criterion in addition to those determined under subparagraph 4 of the first paragraph of section 88, in connection with the knowledge or specific level of knowledge of a language other than the official language of candidates for the office of judge, unless, pursuant to section 12 of the Charter of the French language (chapter C-11), the Minister considers, after consultation with the Minister of the French Language, that the exercise of that office requires such knowledge and that all reasonable means have been taken to avoid imposing such a criterion.

In his assessment, the Minister shall not be required to take into consideration data other than that relating to the number of judges who have knowledge of a language other than the official language and to the number of hearings held under section 530 of the Criminal Code (R.S.C. 1985, c. C-46) in such a language.

1998, c. 30, s. 36; 2002, c. 21, s. 36; 2022, c. 14, s. 165.

2002-07-01

88.1. (Repealed).

1998, c. 30, s. 36; 2002, c. 21, s. 36.

1998-10-15

88.1. A municipal judge to whom the Act respecting municipal courts (chapter C-72.01) applies who has held office as chief judge of the municipal courts for seven years may, following the publication of a notice of vacancy on the Court of Québec or on the municipal court of Laval, Montréal or Québec, apply for the position. Where that is the case, the judge is deemed to be qualified for appointment as a judge of any such court. The qualification shall be effective until the judge concerned is appointed to any such court.

The Government shall consider any application submitted by that judge for any vacant position on any court, provided that, following the publication of a notice of vacancy, the judge shows an interest for the position within the time provided in the notice.

1998, c. 30, s. 36.