A crisis level of judicial vacancies in our courts

On Feb. 13, 2024, Canada’s Federal Court released its decision in Hameed v. Canada, 2024 FC 242, in which it described the current number of judicial vacancies in our courts as a “crisis” and a “critical situation.”

This decision is important for HR professionals and employers because it signals a shift in our current legal system – where once employers could leverage the sloth-like speed of the justice system as a deterrent to potential employee litigants, the Hameed decision may force a change.

I anticipate that judicial appointments will start coming in rapid succession – I use the term “rapid” loosely when describing our legal system – which will create more capacity for the courts and, as a result, incentivize employees to engage in the justice system to resolve employment disputes.

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