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Judicial Appointments - Oct. 9, 2012.pdf

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Political Studies
POLS 303
Joe Garcea

Judicial Appointments Oct 9 2012October09121138 AMScholars tell us that judicial appointment must be understood in three stagesThe selection of candidatesThe screening of candidatesThe final appointments96 CourtsSOfficially judges on these courts are appointed by the Governor GeneralYetfor federal appointments the Minister of Justice and the prime minister have wielded the most influential role in appointing S 96 judgesPatronage has always been questioned when it comes to appointing judgesConcerns over patronage have led to several changes over timeSeveral screens are created postTrudeau to improve the quality of judicial appointmentToday the minister of justice is largely responsible for bringing forward to cabinet names of persons to fill most of the judgeships at the disposal of the fedsWhat is wrong with patronageIndependence is goneThe only exception to these rules is the section of the Chief Justice on each court that is the prerogative of the prime ministerOne way to potentially limit patronage is to change the process of appointmentLimit powers of few who make arbitrary decisionsPatronage was a significant influence on judicial appointmentsPatronage is sometimes difficult to gaugeIn 1988 reforms gave more power to recommend appointments by the Office of the Commissioner for the Federal Judicial Affairs OCFJAThe OFCJA organizes the JACs Judicial Appointments Committees
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