POLS 3130 Lecture Notes - Lecture 5: Supreme Court Act, Visible Minority, Underrepresented Group
28 Nov 2016
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Document Summary
Appointment process for s. 92, s. 96, and s. 101 courts. Alternative system for appointment (us, civil law countries) Empirical question: how do we select judges: what is the process, what actors are involved. Normative questions: how should we select judges. Inherently related to what we think judges do (or should do) Political influences that are non-partisan: regional representation, groups representation (gender or ethnicity) Appointment by provincial governments: because of high number of s. 92 courts, provincial government appoint almost half of all judges in canada. Pre-1990s, most judges appointed by the attorney-general (minister of justice) or. Premier: patronage player a larger role in the appointment process. Patronage still an issue: allegation of patronage in quebec bellemare affair. Judicial appointment committees used in all provinces: some provinces have standing committees, other are ad hoc and formed when a position becomes vacant. Committee made up of members form the legal and judicial committee, and members of the public.
