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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 7 9 to the Court of Quebec under various provincial laws, notably in regards to real estate, administrative justice and access to information. "These are fundamental questions that are part of the foundation on which all of the legislative building is built," said Lemieux. Those issues have recently been amplified, she added, by two Quebec Court of Appeal decisions and the SCC's Jordan ruling. "Court delays in Quebec are already considerable and time and resources are being squandered because of these juris- dictional issues," she said. Both the federal and Quebec attor- ney generals' offices declined comment, saying they were reviewing the judges' application to determine the positions they will take. For her part, Université de Montréal law professor Martine Valois said she is intrigued by both the nature and com- plexity of the constitutional arguments put forward by the Quebec justices in their claim. "They are not arguing an evolutive approach, which was set by the 1930 Edwards ruling and reiterated in several judgments as the preferred approach," said Valois. "They're taking an actuarial and originalistic approach." The success of their claim, she added, hinges on the interpretation of the exclu- sivity of the powers of the Superior Court of Quebec under s. 96, and to what point the Court of Quebec is a concurrent jurisdiction. "If it's not exclusive, it's not unconstitutional," said Valois. With regards to motivation for the case, Valois thinks the constant media spotlight on the provincially run Quebec justice system's funding and manpower problems, together with a cost- and delay- linked decline in the number of civil cases over $85,000, especially in the regions, is fuelling the anxiety of the federally appointed Superior Court of Quebec judges. "They are completely isolated and have limited competence," said Valois. "All the people they deal with are con- nected to the provincial justice ministry. The Superior Court judges don't have the means to be seen or have their problems heard politically or publicly. This case is almost like them saying, 'Yoohoo, we exist, too.'" — MARK CARDWELL \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T REGIONAL WRAP-UP THE SUPERIOR COURT JUDGES DON'T HAVE THE MEANS TO BE SEEN OR HAVE THEIR PROBLEMS HEARD POLITICALLY OR PUBLICLY. THIS CASE IS ALMOST LIKE THEM SAYING, 'YOOHOO, WE EXIST, TOO.' OSGOODE'S PART-TIME PROFESSIONAL LLM DON'T JUST PRACTICE LAW, MASTER IT. For the lawyer who wants to dig deeper and specialize in what they do, the commitment goes beyond billable hours. Immerse yourself in a rich learning environment that puts you in a room with highly engaged and inspiring peers who are as passionate about what they do as you are. Apply by October 11th Choose from five specializations starting in January 2018: · Administrative Law · Business Law · Constitutional Law · Criminal Law & Procedure · Energy & Infrastructure Law Or customize your learning through the General LLM. Canada's leading Professional LLM for lawyers, executives and experienced professionals Learn more about your options at osgoodepd.ca/cdnlawyer Outside Toronto? Most streams can be completed remotely. Ryan M.J. Hayes, BBA, MBA LLB, LLM (2014), Associate Fogler, Rubinoff LLP ntitled-1 1 2017-08-10 1:19 PM

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