What is the test for a federal judge to rule on a motion brought by a federal appointed judge?
Canada (Federal), Canada
The following excerpt is from Beauregard v. Canada, 1983 CanLII 2794 (FCA), [1984] 1 FC 1010:
As I understood counsel for both parties, it was agreed between them that the issue herein is a justiciable one which must be decided by federally appointed judges and while such judges may have the same or a similar potential interest in the outcome, the court must act ex necessitate: see Re Constitutional Questions Act; Re Income Tax Act, 1932, 1936 CanLII 154 (SK CA), [1936] 4 D.L.R. 134 at p. 135, [1936] 2 W.W.R. 443; affirmed sub nom. Judges v. A.-G. Sask., 1937 CanLII 368 (UK JCPC), [1937] 2 D.L.R. 209, [1937] 1 W.W.R. 508, [1937] W.N. 109 (P.C.).
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