96. The Governor General shall appoint the Judges of
the Superior, District, and County Courts in each Province,
except those of the Courts of Probate in Nova Scotia and New
97. Until the laws relative to Property and Civil
Rights in Ontario, Nova Scotia, and New Brunswick, and the
Procedure of the Courts in those Provinces, are made uniform, the
Judges of the Courts of those Provinces appointed by the Governor
General shall be selected from the respective Bars of those
98. The Judges of the Courts of Quebec shall be
selected from the Bar of that Province.
99. (1) Subject to subsection two of section, the
Judges of the Superior Courts shall hold office during good
behaviour, but shall be removable by the Governor General on
Address of the Senate and House of Commons.
(2) A Judge of a Superior Court, whether appointed before or
after the coming into force of this section, shall cease to hold
office upon attaining the age of seventy-five years, or upon the
coming into force of this section if at that time he has already
attained that age.
100. The Salaries, Allowances, and Pensions of the
Judges of the Superior, District, and County Courts (except the
Courts of Probate in Nova Scotia and New Brunswick), and of the
Admiralty Courts in Cases where the Judges thereof are being paid
by Salary, shall be fixed and provided by the Parliament of
101. The Parliament of Canada may, notwithstanding
anything in this Act, from Time to Time provide for the
Constitution, Maintenance, and Organization of a General Court of
Appeal for Canada, and for the Establishment of any additional
Courts for the better Administration of the Laws of Canada.
Constitution Act 1867