Politicization – Ideological Compatibility:
- American Model-U.S. Supreme Court:
o When a vacancy occurs, the President has the authority to nominate a replacement
o All judicial nominees must vetted by the Senate.
o The process is often contested and falls between strict partisan lines.
Judicial Selection in Ontario
- On December 15, 1988, the Attorney General Ian Scott announced in the Ontario
Legislature the establishment of the Judicial Appointments Advisory Committee.
o A pilot project to develop and select potential judicial appointments.
o The committee consisted of:
Two provincial court judges appointed by the Chief Justice of the
Three lawyers (one appointed by the Upper Law Society of Upper Canada,
one by the Canadian Bar Association and one by the County and District
Law President’s Association).
Seven persons who are neither judges nor lawyers, appointed by the
o Each member of the committee will have overlapping terms.
- Criteria for Appointment
The Judiciary of the Ontario Superior Court of Justice should be
reasonably representative of the population that it serves.
- Trial courts are primarily concerned with solving disputes.
- This occurs through a close examination of the evidence presented/witness testimony,
- Whereas trial judges are responsible for applying settled law, appellate judges exist
primarily to correct errors in law and to