POLS 3130 Chapter Notes - Chapter 5: Provincial Superior, Canadian Bar Association, Judicial Independence
10 Feb 2014
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Chapter 5: judicial selection: at both federal and provincial levels, judicial appointments in canada are executive appointments. Provincial government"s are responsible for staffing s. 92 courts, while the federal government staffs all federal courts and each province"s s. 96 superior trial and appellate courts. Courts are seen more as policy-makers in addition to adjudicators - esp the scc. The candidate being questioned doesn"t have to answer questions covering controversial issues (ie. abortion, gun control, same-sex marriage). Entire questioning period takes 3 hours, where american system is more aggressive. Harper would then chose if the questioned candidate would pass: judical selection process in comparative perspective. It"s imp to study judicial selection of other countries to have a diversity of choices to mimic. It can also provide insight into the values underlying the choice of a particular method. Canada uses executive appointments for selecting judges - a reflection of english roots.
