There are strict guidelines for appointing judges. Once appointed, judges must follow certain rules. Special judicial councils regulate judge misconduct.
When a person applies to be a judge, a committee will carefully screen their qualifications. The applicant usually must be a lawyer for at least ten years before they can be appointed. Both the committee and the pool of possible candidates they select should be gender balanced. They should also reflect the diversity of the members of the jurisdiction. This includes Indigenous peoples, persons with disabilities and members of minority communities.
The committee will consider factors such as:
After careful consideration, the committee will decide whether to recommend the applicant to the government for appointment. The ultimate decision lies with the government, however. The Saskatchewan government appoints Provincial Court judges. The Government of Canada appoints all other judges.
Once appointed, judges receive special training in different areas of the law and ethics. This includes training in:
This idea of judicial independence is a vital part of Canada’s justice system. It means that judges are not influenced by government or other interests. Instead, they make decisions based on the rule of law.
Salaries for judges are paid by the government but they remain independent. Judges are not government employees and are appointed until retirement. They cannot be fired by the government except for misconduct. This is only done following a recommendation from an independent judicial council.
Judges are required to be neutral. This means that they must treat everyone equally and hear cases with an open mind. Judges are not allowed to say or do anything that would make people think they favour one position over another. For example, they cannot own a business or speak publicly on matters that might come before the court.
Complaints about judges are heard by special judicial councils that can investigate the matter. Where appropriate, they take disciplinary measures to address any issues.
PLEA offers free online training on preventing and addressing workplace harassment.