MONTREAL — A judicial rights group is denouncing the recent appointment of judge Robert Leckey to Quebec Superior Court, filing a motion in the hope the court will declare it illegal and unconstitutional.
The group, Droits collectifs Québec, says Leckey doesn’t meet basic eligibility requirements needed to take on the role.
Under federal legislation, to become a judge at a superior court, one needs to have served at least 10 years as a member of their provincial bar association. According to the group, the former Dean at McGill University’s Faculty of Law had only served seven years in the Quebec bar as of his appointment on Jan. 27.
“Quebec judges have to be members of the Quebec bar for at least 10 years. Why? Because you have to have practised here, you have to know Quebec law to be able to understand its specificity in relation to its legal tradition,” said Etienne-Alexis Boucher, the groups general director.
His nomination by Canada’s Justice Department goes against the spirit of the country’s Constitution Act of 1867 as well, he said, which carves out protections for the unique practice of civil law in Quebec.
“This is not being respected. Which is unacceptable, in our view,” Boucher said.
The Canadian Press reached out Canada’s Justice Department for comment, which said it couldn’t immediately respond. The Canadian Press also reached out Leckey’s office, but did not immediately hear back.
Leckey also hasn’t served as judge or held any other judicial role before, another eligibility criteria mentioned under the Judges Act, Boucher added.
He argued Leckey’s appointment stands to erode public trust in the court. It might also set a precedent for this to happen again.
The group has since filed a motion at Quebec Superior Court to contest his appointment. While the court can’t order a reversal of his nomination, it can declare it illegal and unconstitutional, Boucher said.
Leckey grew up in Ontario and has a bachelor’s degrees in civil law and common law from McGill University, in addition to a doctorate from the Faculty of Law at the University of Toronto. A former clerk to Justice Michel Bastarache at the Supreme Court of Canada, Leckey was also previously a member of Ontario’s bar association.
In 2016, he was named the Dean of McGill’s Faculty of Law, after first becoming an assistant professor there in 2006.
Quebec’s Minister of Justice Simon Jolin-Barrette has also critiqued Leckey’s appointment.
In the days following his nomination, he told reporters he was “astonished” to see what he described as an opponent of Quebec’s secularism law and its French-language law named as a judge in the province.
Boucher maintained that his group, known for being a vocal advocate of both laws, isn’t opposing Leckey for any views he holds.
“The only reason we launched this challenge is because we want ensure that Quebec’s tradition of civil law is respected,” he said.
This report by The Canadian Press was first published Sept. 14, 2025.
Miriam Lafontaine, The Canadian Press
