residency requirement for supreme court justices

Marginal note:Access of spouse, etc. 46 (1) Notwithstanding the Judges Act, a person who holds the office of Chief Judge or Associate Chief Judge of the District Court of Ontario immediately before the coming into force of section 30 shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Ontario Court (General Division) exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office. chief justice of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member; (juge en chef), superior court, in the case of a superior court constituted with divisions, means a division thereof. (juridiction supérieure), Marginal note:Retired judge may continue to hold office. The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted or paid to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor. (1.1) The Governor in Council shall grant to a judge an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge, (a) has continued in judicial office for at least 15 years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest; or. Marginal note:Additional allowance for northern judges. Having a Court that is reasonably reflective of Canadian diversity helps to ensure that, in any particular case, the Court can benefit from a range of viewpoints and perspectives. ), s. 1, R.S., 1985, c. 50 (1st Supp. ), s. 5, c. 50 (1st Supp. 36 Section 44.2 of the Judges Act, as enacted by section 163 of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, and replaced by section 24 of An Act to amend the Judges Act and to amend another Act in consequence, chapter 7 of the Statutes of Canada, 2001, and the Optional Survivor Annuity Regulations, made by Order in Council P.C. (2) Paragraphs 40(1)(e) and (f) and subsection 40(1.2) of the said Act, as enacted by section 11 of this Act, shall be deemed to have come into force on April 1, 1988 and, for greater certainty, apply to a judge therein described who ceased to hold office during the period commencing on that day and ending on the day preceding the day on which this Act is assented to. (6) A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force. (ii) commencing with the month of January 1977, an amount equal to one per cent of that salary. Marginal note:Payment to person in respect of whom election is made. (6) The Minister of Justice shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report. Marginal note:Salary deemed payable under sections 12 to 22. No. There is also no evidence to support the claim that the requirement would However, most Justices tend to begin their tenure while in their 40s or 50s and may remain with the court as long as they wish or until they are impeached for improper behavior. 34 (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending. The US Supreme Court gave the go-ahead on Monday for one of President Donald Trump’s hardline immigration policies, allowing his administration to implement a rule denying … (2) The prorated share of each survivor is equal to the product obtained by multiplying the annuity by a fraction of which the numerator is the number of years that the survivor cohabited with the judge, whether before or after his or her appointment as a judge, and the denominator is the total obtained by adding the number of years that each of the survivors so cohabited with the judge. 2 (2) Where, before the coming into force of this Act, payment of an annuity to the spouse or surviving spouse of a judge was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to section 44 of the said Act, as that provision read from time to time, or any provision similar to that provision contained in any Act mentioned in subsection 44(2) of the said Act, payment of the annuity to the spouse or surviving spouse shall, subject to the said Act, be resumed on and with effect from the coming into force of this Act. Phillips noted the state did not vigorously defend the law, so retailers had to step in. (a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program; (b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and. He lives by the mantra of “Learn 1 new thing each day”! Marginal note:Payment of certain taxes out of C.R.F. (2) It is hereby declared for greater certainty that such of the duties and functions of the Minister as are, by paragraphs (1)(a) to (d), subject to be performed by the Commissioner do not form part of the duties and functions assigned to the Minister by the Department of Justice Act. Do you have to be a lawyer or attend law school to be a Supreme Court Justice? (4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000. (d) the 68 other Justices of the Court of Queen’s Bench, $314,100 each. Marginal note:Notification of leave by Minister of Justice of Canada. ), s. 13, R.S., 1985, c. 41 (1st Supp. West Virginia Supreme Court justices acted skeptical of an argument that they call a halt to lower court proceedings about whether Gov. (b) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador who at the time of appointment did not reside there. Marginal note:Supplementary life insurance. ), s. 5], 68 [Repealed, R.S., 1985, c. 16 (3rd Supp. Marginal note:Court of Appeal and Court of Queen’s Bench of Alberta. Minimum age for Supreme Court Justice. 31.1 If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of Justice of Canada of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office. It is ideally possible for a person to become a Supreme Court justice after going to almost any college. ), s. 1, R.S., 1985, c. 5 (1st Supp. (b) if the objection is made on the grounds referred to in paragraph 52.12(2)(c), defer a decision on the application until the final disposition of the proceedings on which those grounds are based. Marginal note:Calculation of specified portion, (2) For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is, (a) if that share consists of a portion of the judge’s contributions, that portion; or, (b) in any other case, the amount determined by the formula. 329 Despite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act. (3) For the purposes of the Income Tax Act, an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act. (b) the same power to enforce the attendance of any person or witness and to compel the person or witness to give evidence as is vested in any superior court of the province in which the inquiry or investigation is being conducted. 70 Any order of the Governor in Council made pursuant to subsection 69(3) and all reports and evidence relating thereto shall be laid before Parliament within fifteen days after that order is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. Permanent community on Vuntut Gwitchin settlement lands U.S. Supreme Court c. 39 ( 3rd.... Twelve month period thereafter promotes public confidence in the United States is only... 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