Who should judge? Judges and Juries
in the Canadian justice system
If our justice system depends upon a decision being rendered from a court case, who
should make that decision: judges or juries?
1- What are the ethical principles of judges?
2- How should judges be selected?
• current process
• follow up: process or resume
1- What are the ethical principles of judges?
If judges are responsible for 90%+ of court cases…
If judges alone are responsible for sentencing…
If judges are a key component of the judicial branch…
If judges have the power to strike down law…
…what ethical principles should guide their conduct?
For your given ethical principle:
1. Describe what it is
2. Explain how a judge fulfills it
3. Analyse why its important (judge,
system, Canada, justice)
4. Suggest how this principle could
be challenged or compromised.
(establish grounds, explain terms)
http://www.cjc-ccm.gc.ca/cmslib/general/news_pub_judicialconduct_Principles_en.pdf
Judicial Independence
1.
2.
3.
4.
Describe what it is
Explain how a judge fulfills it
Analyse why its important (judge, system, Canada, justice)
Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
Integrity
1.
2.
3.
4.
Describe what it is
Explain how a judge fulfills it
Analyse why its important (judge, system, Canada, justice)
Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
Diligence
1.
2.
3.
4.
Describe what it is
Explain how a judge fulfills it
Analyse why its important (judge, system, Canada, justice)
Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
Equality
1.
2.
3.
4.
Describe what it is
Explain how a judge fulfills it
Analyse why its important (judge, system, Canada, justice)
Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
Impartiality
1.
2.
3.
4.
Describe what it is
Explain how a judge fulfills it
Analyse why its important (judge, system, Canada, justice)
Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
2- How should judges be appointed?
Current Process:
 Provincial or federal responsibility? Section 91 and 92
 Court Overview
 Provincial Court
 44 courthouses/160 judges
 BC Supreme Court
 8 districts/106 judges
 Appeal Courts
 2 sites/24 judges
 Supreme Court of Canada
 1 site/9 judges
Sir Matthew Begbie
2- How should judges be appointed?
Current Process:
 Appointment Process
 Provincial Court
 Lawyer in the provincial law society
 5 years< practice
 Apply to Judicial Council – peer reference process– pool
 Chief Judge recommends to the Attorney General– Cabinet
 Can serve until 70 years old.
 Superior Courts
 Lawyer in a provincial law society
 10 years < practice
 Apply to Commissioner for Federal Judicial Affairs
 Judicial Advisory Committee makes recommendations to
Minister of Justice
2- How should judges be appointed?
Current Process:
 Appointment Process
 Supreme Court of Canada
 Superior court judge 10 years<
 1 in 9 is usually a direct appointment
 Composition
 3- Quebec (Supreme Court Act)
 3- Ontario (convention)
 2- West (convention)
 1- Atlantic (convention)
 Process
 Governor General (Constitution)
 In flux- Ad Hoc Committee, Marc Nadon
For more see: http://www.lawconnection.ca/content/judicial-appointment-backgrounder
2- How should judges be appointed?
Follow Up Task Option #1
Devise a selection process for SCC justices.
Follow up Task Option #2
Create a resume for a SCC candidate
 Meet constitutional requirements
 Ensure ethical principles are upheld
 Conform to conventions of geographical
distribution
 Improve the status quo
 Align with:
 A political party
 An advocacy organization
 Include 3 sources
 Look like a report (pdf)
 Post to hub.
 Meet constitutional requirements
 Ensure ethical principles are upheld
 Address a vacancy of geography,
experience or ideological
perspective on the current bench.
 Include References that indicate
support from:
 A political party
 An advocacy organization
 Look like a resume (pdf)
 Post to hub.