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Keys to the Court

Docu-Course Content

About this Course
The Foundations of the Canadian Justice System
Discovering the Supreme Court of Canada
On the Bench: Supreme Court Justices
The Hearing
The Supreme Court Throughout its History
The Supreme Court's Reach in Canada and Abroad
Imagining the Supreme Court of the Future
Closing Arguments

Selection Process for Supreme Court Justices

The Journey to the Bench

Selection Process for Supreme Court Justices

In 2016, a new process for nominating judges was put in place. Now, a non-partisan committee called the Advisory Board reviews applications.

Instructions

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Learn below about what the selection process was like prior to 2016, judges’ retirement, and how political ideology influences appointments.

Instructions

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From the creation of the Supreme Court in 1875 to 2004, a streamlined nomination process was in place.

The federal Minister of Justice would consult with the Chief Justice and other legal professionals of his or her choice before making recommendations to the Prime Minister, who chose a candidate. This informal and confidential process offered little transparency, creating doubt as to its impartiality.

In 2004, in response to growing concerns about transparency, Paul Martin’s Liberal government put in place an advisory committee that would provide a shortlist of candidates to the Minister of Justice.

The composition of the committee greatly varied from one nomination to another. It was not truly independent, as it was typically composed of Members of Parliament from various parties. Some nominations were made with no advisory committee at all.

The Minister of Justice would make his or her recommendation to the Prime Minister without being bound by this shortlist. The Prime Minister still made the final decision. Therefore, concerns about the credibility and the transparency of the process remained.

In Canada, while Supreme Court justices are chosen by the Prime Minister, their judicial decisions do not necessarily reflect the ideologies or the views of the political party in power at the time of their nominations. 

Currently, three justices were appointed by Stephen Harper’s Conservative government: Justices Wagner, Karakatsanis, and Côté.

Six justices were appointed by Justin Trudeau’s Liberal government: Justices Rowe, Martin, Kasirer, Jamal, O’Bonsawin, and Moreau.

Supreme Court justices remain on the bench until they choose to retire or until they reach 75 years of age, the legal mandatory retirement age.

It is possible to remove a justice from the bench for serious misconduct or incapacity.

This process is rigorous and involves multiple steps to ensure justices remain independent when making their decisions.

There must first be a recommendation of removal from the Canadian Judicial Council, an independent body in charge of handling judicial ethics, training, and discipline. That recommendation must then be approved by both the House of Commons and the Senate. Finally, it must be formally executed by the Governor General.

This process has never been initiated to this day.

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