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These appointments are not subject to the procedures described above for the appointment of superior court judges, and are made on the basis of a recommendation to cabinet by the Prime Minister. [citation needed], In response to the critics, Prime Minister Paul Martin made a few changes the appointment process in 2004. [43] At the time, Chief Justice Beverley McLachlin called Harper to consult with her on the advisability of Nadon's appointment. [3] Proponents of the system argue that this procedure has limited patronage appoints to Ontario courts, and has diversified the makeup of judges in the province. Official photographs of the current judges are available in high resolution. Appointments to the Supreme Court of Canada are subject to the legal requirement that three judges must be appointed from Quebec. To prevent court scheduling conflicts, applicants may apply to one region only. There are two levels of courts in each province or territory (except Nunavut): superior (upper level) courts appointed by the federal government, and a provincial or territorial court appointed by the province or territory. Why judges should be appointed, not elected Steve Odland, Contributor | @SteveOdland Published 8:43 AM ET Thu, 16 June 2016 Updated 10:05 AM ET Thu, 16 June 2016 CNBC.com Several provinces have created arm's length committees that make a short list of recommendations. Applicants must be members in good standing of th… The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court of Canada, the final court of appeals in the Canadian justice system. Moreover, the letters patent of 1947 respecting the office of Governor General provide that, should the Governor General die, become Unlike many American courts, Canadian judges aren’t elected, but appointed. The provinces and parliament have no formal role in the appointment of judges. A 2007 Canadian poll revealed that 63 per cent of Canadians were in favour of elected judges. Hon. Finally, the Chief Justice of Canada also chairs the committee which advises the Governor General on awards of membership in the All judges are appointed by the Governor in Council and must have been either a judge of a superior court or a member of at least ten years' standing of … Interested lawyers with a minimum of 10 years’ experience may write to the Regional Senior Judge of the region in which they wish to preside. [40], In 2011, Harper again appointed two Supreme Court justices, Andromache Karakatsanis and Michael Moldaver, from a shortlist of 6 candidates unanimously approved by a multi-party committee of Conservative, Liberal, and New Democratic Party Members of Parliament. [1], In Ontario, the Judicial Appointments Advisory Committee (JAAC) is made up of 13 members: 7 lay members, 2 judges, 1 member appointed by the Ontario Judicial Council, and 3 from the legal community. incapacitated, be removed or be absent from the country for a period of more than one month, the Chief Justice or, if the Chief The Commissioner for Federal Judicial Affairs administers the advisory committees , representing each province and territory, which assess the qualifications of the lawyers who apply for federal judicial appointments. Justice is unavailable, the senior judge amongst the eight other judges of the Supreme Court, would become the Administrator of Canada and exercise all the Some committees interview the candidate. He indicated his intention to appoint a special parliamentary committee to screen the new nominees and report to parliament on their findings, though neither this committee nor the parliament has the power to block recommendations. In addition, in February 2006 a parliamentary committee was allowed to interview the Prime Minister's selected candidate prior to his appointment. Judges of the court are made up of eight puisne judges and the Chief Justice. accountability, as well as to improve the administration of justice throughout Canada. Appointments to the Federal Court and to the Federal Court of Appeal are subject to the application and assessment procedure. or territory. Since a political party leader put them in their job, they may feel some allegiance to that party, which may cloud the judge’s decisions. [3] Each candidate is assessed as being "recommended" or "not recommended. Conversely, supporters[who?] 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. Canada's top judge is now acting Governor General, ... Everything considered, Lagasse said it’s in the country’s best interests to appoint a new Governor General pronto. Appointments to the Tax Court are subject to candidate assessments by a single five member advisory committee for all Canada which includes a representative of the Tax Court—as a one-year pilot project announced in November 2006. Blow up the stupid appointment system", http://dbblaw.com/people/wendy-e-best-q-c/, "New President and Vice President appointed to the Canadian Commission for UNESCO", "Appointments to the Supreme Court of Canada", "Supreme Court appointments highlight a secret process", "PM announces appointment of Justice Marc Nadon to the Supreme Court of Canada", "Marc Nadon not allowed to sit on Supreme Court of Canada, top court rules", "Stephen Harper lashes out at top judge on Supreme Court", "Legal community demands Stephen Harper withdraw criticism of Beverley McLachlin", "International Commission of Jurists demands Stephen Harper apologize to Beverley McLachlin", Commissioner for Federal Judicial Affairs, members of the provincial Judicial Appointments Committees, https://en.wikipedia.org/w/index.php?title=Judicial_appointments_in_Canada&oldid=989901445, Articles needing additional references from September 2009, All articles needing additional references, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from September 2014, Articles with unsourced statements from October 2016, Creative Commons Attribution-ShareAlike License, Justice Randall S. 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