Court System of Canada - Appointment and Regulation of Judges

Appointment and Regulation of Judges

Judges in Canada are appointed and not elected. Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the Governor-in-Council (by the Governor General on the advice of the Federal Cabinet). Thus, judges of the Ontario Superior Court of Justice are chosen not by Ontario's provincial government but upon the recommendations of Her Majesty's Canadian Government. Meanwhile, judicial appointments to judicial posts in the so-called "inferior" or "provincial" courts are made by the local provincial governments.

There are Canadians who would like to see their judges be elected as is the case for some American judges, but as of 2007 there is no indication that the longstanding British tradition of appointing judges will be altered in Canada anytime soon. It is doubtful if an elected judiciary would be consistent with the Canadian constitution. Those who favour the appointment method point out that the election approach could possibly threaten the judiciary's ability to be independent in its decision-making. Though political patronage has certainly been a factor in the appointment of some judges, judges appointed to the Supreme Court of Canada have been remarkably non-partisan and well respected by Canadians of all political stripes.

As judicial independence is seen by Canadian law to be essential to a functioning democracy, the regulating of Canadian judges requires the involvement of the judges themselves. The Canadian Judicial Council, made up of the chief justices and associate chief justices of the federal courts and of each province and territory, receive complaints from the public concerning questionable behaviour from members of the bench.

Salaries of superior courts are set by Parliament under section 100 of the Constitution Act, 1867. Since the Provincial Judges Reference of 1997, provincial courts' salaries are recommended by independent commissions, and a similar body called the Judicial Compensation and Benefits Commission was established in 1999 for federally-appointed judges.