I do not think that qualifications, per se, count toward the composition of the court. That said, we have just had three days of argument before the Supreme Court of Canada with respect to part V of the Constitution Act, 1982, and it is possible that the court will adopt an approach to part V that will require consideration of that issue.
I do not believe that qualifications, per se, go to composition, but we are about to get much more guidance about that. To my mind, that complicates the use of declaratory legislation at this time, because one cannot through declaratory legislation effect changes that would otherwise be governed under the Constitution.