Section 97 of the Constitution Act, 1867

Section 97 of the Constitution Act, 1867 (French: article 97 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to the qualifications for judges of the provincial superior, district and county courts in the common law provinces.

Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867.

[1] It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s.

Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces.

[7]Section 97 is found in Part VII of the Constitution Act, 1867, dealing with the judicature.