Legal groups question judge selection reforms
Current system ‘flawed,’ attorney general tells Ontario conference
Legal groups are expressing alarm at possible changes to the way the provincial government appoints judges.
Attorney General Doug Downey told a legal conference last week that the current process of appointing judges and justices of the peace — who are first screened and recommended by independent advisory committees — is “flawed” and that he’s exploring reform.
The possibility of major changes has led to concern from legal groups and questions as to why the process is even being revamped. They point to the current system as one that has delivered a capable and diverse bench of judges and justices of the peace, and also ensures the government of the day can’t appoint whomever it wants to a judicial position.
Independent advisory committees made up of judges, lawyers and members of the public screen applications for judges and then recommend at least two candidates per vacancy to the attorney general for appointment. Hecan choose from this shortlist, or reject it and ask the committees for a new list.
Downey suggested in a speech to the Federation of Ontario Law Associations that he’d like to receive an expanded list of candidates from the committees.
The Advocates’ Society, a legal advocacy organization, told Downey in a letter this week that it strongly supports maintaining a system with a shortlist of recommended candidates.
“First, it ensures that the most qualified candidates are chosen and that a high standard of excellence is achieved,” reads the letter from society president Scott Maidment. “Second, by limiting the size of the list and requiring that the appointment be made from the list, the risk of real or perceived political partisanship is greatly reduced.
“We understand that steps to reform the current process and remove this key feature may be imminent.”
Downey’s office didn’t respond to a question from the Star as to when changes may be proposed, but said the government will be consulting with players in the justice system.
“Some things will not be on the table,” Downey’s spokesperson, Jenessa Crognali, told the Star on Thursday. “The existence of appointment advisory committees will not change, the statutorily binding nature of the committees’ recommendations will not change, and the mandatory qualifications for judicial candidates will not change.”
While the government has yet to make public a full account of changes it would like to make, legal associations and the Ontario Court of Justice itself have said the appointment process is already considered one of the best in the world and that any changes would first require extensive consultation. “No one has complained about the appointments process,” said Lori Anne Thomas, president of the Canadian Association of Black Lawyers. “Even with the change of government, the appointments did not change. They were still neutral people who were very qualified.”
The Ontario Court of Justice is one of the busiest levels of court in Canada, hearing the bulk of criminal cases in the province, family and child protection matters and non-criminal cases known as provincial offences.