Judicial Appointments in Canada - Appointments To The Superior Courts in Each Province or Territory

Appointments To The Superior Courts in Each Province or Territory

Candidates for these courts are screened by a judicial advisory committee established for each province (Ontario and Quebec have 3 and 2 committees respectively due to their larger population) or territory. Each committee is composed of representatives of the federal and provincial (or territorial) governments, the provincial (or territorial) law society, the Canadian Bar Association, the judiciary, and the general public. In 2006, the federal government added a representative of the police to the committees.

Lawyers who meet the legal and constitutional requirements can apply, as well as existing provincial or territorial court judges. These candidates must complete a comprehensive Personal History Form which is submitted to the appropriate advisory committee. In its assessment of each candidate, the committee reviews the PHF and consults references and other persons both in and outside the legal realm. The candidate's fitness for the bench is assessed by reference to published criteria. If it wishes, the committee can also interview the candidate.

Following its review, the committee categorizes lawyer candidates as "Recommended" or "Unable to Recommend" for appointment, with reasons for this decision. In the case of candidates who are judges, the committee does not categorize the applicant, but instead formulates "comments" regarding the application.

A list of all candidates reviewed by the committee, together with the above categorization and reasons, or "comments" in the case of judge candidates, is forwarded by the committee to the federal Minister of Justice.

The Minister draws an appointment from the list of names received from the committees, and recommends that individual to the federal cabinet. Where the appointment is that of a Chief Justice or an Puisne Chief Justice, the recommendation to cabinet is made by the Prime Minister of Canada.

"Elevation", or the appointment of a superior court judge already in office to another superior court (usually an appellate court), is not subject to the above application and assessment procedures. These appointments are effected through a recommendation to cabinet by the Minister of Justice (or Prime Minister) following consultations undertaken by the Minister.

In November 2005, a subcommittee of the Canadian parliament expressed the need for change and for more transparency in this appointment process. The subcommittee proposed that the Minister consult the Chief Justice of the court involved on the needs of the court prior to an appointment, that specific court vacancies and their requirements be advertised and that, subject to further study, advisory committees develop a short list of interviewed candidates for each vacancy.