Canada's Supreme Court can only select bilingual justices now
- In 2023, Bill C-13 was passed, requiring Supreme Court justices to be bilingual.
- Approximately 90% of Canadians outside Quebec are disqualified from appointments due to this requirement.
- Experts indicate a potential challenge to this law's constitutionality and suggest legislative repeal if the Conservatives win power.
In 2023, Canada enacted Bill C-13, revising the Official Languages Act to stipulate that future Supreme Court justices must understand both English and French without an interpreter. This change effectively disqualifies about 90 percent of Canadians outside Quebec from being appointed to the Supreme Court, raising concerns over the exclusion of qualified candidates based on language requirements. Critics argue that this requirement disproportionately affects non-bilingual candidates and disproportionately favors those from Quebec, highlighting the importance of diversity in the judiciary. Additionally, the enactment of this law has raised questions about its constitutionality, specifically regarding whether it breached Section 41(d) of the Constitution Act, 1982, which protects the constitutional composition of the Supreme Court from being altered without broad consensus among various legislative bodies and provinces. Given these broader implications, it is suggested that potential future political leadership, such as Pierre Poilievre's Conservative Party, should consider repealing this statute if they secure power, and that the premiers of English-speaking provinces might explore legal challenges to this mandate in order to preserve a more inclusive judicial system.