MONTREAL — A judicial rights organization is contesting the appointment of Robert Leckey to the Quebec Superior Court. The group, Droits collectifs Québec, has filed a motion seeking a court declaration that the appointment is illegal and unconstitutional.

The organization argues that Leckey does not meet the eligibility criteria required for the position. According to federal law, candidates for superior court judges must have at least 10 years of experience as members of their provincial bar association. Leckey, who was appointed on January 27, had only served seven years in the Quebec bar at the time of his nomination.

Etienne-Alexis Boucher, the general director of Droits collectifs Québec, stated, "Quebec judges have to be members of the Quebec bar for at least 10 years. Why? Because you have to have practiced here, you have to know Quebec law to be able to understand its specificity in relation to its legal tradition."

Boucher also noted that Leckey's nomination contradicts the spirit of the Constitution Act of 1867, which protects the unique practice of civil law in Quebec. He expressed concern, saying, "This is not being respected. Which is unacceptable, in our view."

The Canadian Justice Department has not yet responded to requests for comment regarding the appointment. Leckey's office has also not provided a response. Additionally, Boucher pointed out that Leckey has never served as a judge or held any other judicial position, which is another requirement under the Judges Act.

Boucher warned that Leckey's appointment could undermine public trust in the judicial system and set a concerning precedent for future appointments. The group has filed its motion in Quebec Superior Court, which cannot reverse the nomination but can declare it illegal and unconstitutional.

Leckey, who grew up in Ontario, holds bachelor's degrees in civil law and common law from McGill University and a doctorate from the University of Toronto's Faculty of Law. He previously clerked for Justice Michel Bastarache at the Supreme Court of Canada and was a member of Ontario's bar association. In 2016, he became the Dean of McGill's Faculty of Law after joining as an assistant professor in 2006.

Quebec's Minister of Justice, Simon Jolin-Barrette, has also criticized Leckey's appointment. He expressed astonishment at the selection of someone he described as an opponent of Quebec's secularism and French-language laws. Boucher clarified that the group's challenge is not based on Leckey's personal views but rather on the need to uphold Quebec's civil law tradition. "The only reason we launched this challenge is because we want to ensure that Quebec’s tradition of civil law is respected," he said.