Reasons for Judgment — Wagner J. (McLachlin C.J., Abella, Rothstein, Crowmwell, Moldaver, Karakatsanis, Gascon and Côté JJ. concurring)
Wagner J. — We are all of the view that the appeal should be dismissed, essentially for the reasons given by the Quebec Court of Appeal.
The appellants have not persuaded us that the Court of Appeal erred in interpreting s. 98 of the Constitution Act, 1867 .
The arguments based on Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, [2014] 1 S.C.R. 433, do not stand up to analysis. As the Court of Appeal mentioned in paras. 26-36 of its opinion, this appeal concerns different constitutional and statutory provisions, and the reasoning and conclusions from that reference do not apply to it.
For these reasons, the appeal is dismissed.
Cases cited
- Reference re Supreme Court Act, ss. 5 and 6 2014 SCC 21 ¶ 3