Law360 Canada ( August 27, 2025, 2:17 PM EDT) -- Appeal by the Prime Minister and the Minister of Justice (the Appellants) against the Federal Court’s decision. The respondent brought an application before the Federal Court and sought an order of mandamus or, in the alternative, a declaration pursuant to sections 18 and 18.1 of the Federal Courts Act (FCA), to compel the appellants to appoint judges to fill vacancies in the Federal Courts and in provincial superior courts. The Federal Court partly granted the respondent’s application. The Federal Court issued a declaration based on a newly recognized constitutional convention to the effect that judicial vacancies must be filled within a reasonable time. The appellants argued that the Federal Court lacked jurisdiction to hear the case and that the Federal Court made several errors, namely in recognizing a new constitutional convention. The respondent insisted that sections 18 and 18.1 of the FCA constituted a statutory grant of jurisdiction, as the appellants were acting as federal boards in the judicial appointment process. According to the respondent, the duty of the Minister of Justice to advise for judicial appointments was also articulated in section 4 of the Department of Justice Act....