The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
Selection of judges in Quebec 98. The Judges of the Courts of Quebec shall be selected from the Bar of that Province.[7]
Section 98 is found in Part VII of the Constitution Act, 1867, dealing with the judicature. It has not been amended since the Act was enacted in 1867.
Purpose
This provision, along with section 97, ensures that the courts of each province have judges who are knowledgeable about the law of their province. The reason for this section applying only to Quebec is that Quebec law is based on the civil law, unlike the other provinces, which use the common law. This provision ensures that the judges of the Quebec courts will be trained and experienced in the civil law, as members of the Bar of Quebec.[8]: 316–317 Appointment of judges in the common law provinces is governed by section 97.