fullscreen: The Constitution of Canada

APPEAL TO THE PRIVY COUNCIL. 
22, 
3 APPOINTMENT OF JUDGES. 
The judges of the Supreme, District, and County Courts 
(except the Courts of Probate in Nova Scotia and New 
Brunswick) are appointed by the Governor-General, and their 
salaries are paid by the Dominion”. 
The judges of the Supreme Courts hold office during 
good behaviour, but they are removeable by the Governor- 
General on address of the Senate and House of Commons”. 
Judges of the County Courts also hold office during good 
behaviour, and during residence within their districts”. 
They may be removed by Order in Council for (a) 
inability or old age or ill health, (b) incapacity or mis- 
behaviour. An inquiry must be held before removal, and 
reasonable notice be given to the judge of such inquiry. 
The inquiry is to be held by a Commission, which may 
consist of the judges of the Supreme Courts either of 
Canada or of any province®. 
3. APPEALS TO THE Privy COUNCIL. 
An appeal lies from the Supreme Court of Canada to the 
Judicial Committee of the Privy Council, by permission of 
the Judicial Committee. The Canadian Act establishing the 
Supreme Court enacted that the judgment of the Court 
should be final and conclusive “saving any right which Her 
Majesty may be graciously pleased to exercise by virtue of 
her royal prerogative.” These last-mentioned words were 
held to leave entirely untouched and to have preserved 
Her Majesty's prerogative to allow an appeal® 
1 B. N. A. Act, 1867, ss. 96—100. R. S.C. c. 188. 
? B. N. A. Act, 8. 99. 3 R.8.C.c. 138. 4 Th. 
5 R. S.C. ec 135, 8. 71. 8 Johnston v. Minister and Trustees of 
qt Andrew's Chureh. Li. BR. 8 App. Cas. 159.
	        
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