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The appointment of a judge to the Supreme Court, the Federal Court of Appeal, the Federal Court, the Tax Court, or appellate and superior courts for the provinces, must be a recommendation of the prime minister to the Governor General. This means that the prime minister can reject the appointment of a judge to these benches. (The consent of the Governor General is needed to appoint a judge to any of the above benches, but there are almost no circumstances under which the Queen's representative would refuse the advice of the prime minister for such an appointment.)

The appointment of a judge to provincial inferior courts must be a recommendation of the provincial premier to the Lieutenant Governor of the province. This means that the premier can reject the appointment of a judge to these benches. (Again, although the consent of the Lieutenant Governor is needed, the Queen's provincial representatives rarely deviate from the advice of premiers.)

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12y ago

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