Think about the bench

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The federal Department of Justice wants outstanding lawyers from a wide range of backgrounds and practice areas to see themselves as potential candidates for the bench and consider putting their names forward.

And to ensure they understand the judicial appointments process, it has joined forces with the Canadian Bar Association for a judicial symposium to bring together members of the legal community for conversations about it, as well as the role of an independent judiciary and what it means to serve as a judge in Canada.

The symposium tour kicks off in Halifax on November 20, with more stops to come in 2027.

CBA President Loreley Chekay, K.C. says lawyers can sign up and be in a room of experienced practitioners with the minister of justice and members of the CBA to have an open, candid conversation about what the job of being a judge involves, how the judicial advisory committees work, and what it means to move from the bar to the bench.

“The whole point is to provide good information and insights for lawyers considering applying and maybe spark some interest in other people who've maybe never considered it before.”

The symposium is also meant to add to a larger public conversation about why a robust justice system is critical. Like any public infrastructure, it needs investment and renewal in the people who work in it and the people who staff it, she says, as well as dialogue, information, and discussion.

“A strong justice system depends on an independent, highly qualified judiciary, and on talented lawyers being willing to serve. Encouraging strong candidates from diverse backgrounds and practices is really core to creating strong infrastructure.”

Chekay says it’s not a matter of too few lawyers applying to the bench. The symposiums grew out of a desire to encourage legal professionals to look at all opportunities and to demystify the judicial appointment process, particularly in light of recent media reports expressing concerns about how appointments are made. 

In Canada, the federal government appoints judges to the federal courts, the superior courts of the provinces and territories, and the Supreme Court of Canada. The Office of the Commissioner for Federal Judicial Affairs administers independent and non-partisan judicial advisory committees (JAC) that assess the qualifications of lawyers who apply for federal judicial appointments. The committees forward their recommendations to the justice minister. Each province and territory has at least one JAC comprised of seven members who represent the provincial or territorial government, the provincial or territorial bench, the provincial or territorial bar, and the public.

In a news release, Justice Minister Sean Fraser said one of Canada’s strengths is the balance built into our federation.

“Different orders of government have different responsibilities, and our courts have their own independent role in upholding the rule of law. That balance matters, and it’s worth talking about.”  

The first symposium will take place alongside the annual conference of the CBA’s Nova Scotia branch. Lawyers interested in attending can register on the CBA’s website.