Tag Archives: Judicial Appointment

A Bench that Reflects the Country: we need transparency in appointments

After this.event hosted by the Diversity Institute and Ryerson’s Law Research Centre, my Dean and I thought we would try sending out a letter to the relevant federal department asking if they would release more information about the pool of candidates for judicial appointment.   Why not, right?

Compared to the Ontario process, the Federal level process is very opaque – and it’s not subject to FOI requests. Strategizing  about how to make the judiciary more representative is hard if we don’t have good information about the nature of the problem.

Here’s the letter (cross posted to the Dean’s Blog):

The Honourable Robert Douglas Nicholson

Minister of Justice and Attorney General of Canada

284 Wellington Street

Ottawa, Ontario

K1A 0H8

&

Judicial Appointments Secretariat

Office of the Commissioner for

Federal Judicial Affairs Canada

99 Metcalfe Street, 8th floor

Ottawa, Ontario K1A 1E3

Dear Sirs:

As you know, recent public discussions and media coverage on the issue of diversity of Canada’s judiciary have raised important questions about the Federal appointments process. Such questions are difficult to address because statistical information about that process and the pool of candidates who apply for Federally appointed judicial positions is not made available.

While we appreciate the need for confidentiality in relation to specific individuals who may be considered for judicial appointment, the value of releasing aggregate demographic data on such applicants (including gender, linguistic and racial background) is clear.

We write to urge that either the Ministry or the Office of the Commissioner for Federal Judicial Affairs release demographic data about the pool of applicants seeking federal judicial appointment. We believe such data will lead to greater engagement from the public, the profession and the academic community on the issue of how to ensure the Federal judiciary reflects the diversity of Canadian society. We believe making such data available enhances the transparency and accountability of the appointment process, and will lead to greater public confidence in the administration of justice in Canada.

Sincerely

Professor Sonia Lawrence & Dean and Professor Lorne Sossin

via Constitutional Law Prof Blog: Opposing Justice Mogoeng's Nomination as CJ of the SA CC

Over at Constitutional Law Prof Blog, CUNY School of Law Professor Ruthann Robson discusses the history behind the opposition to Mogoeng Mogoeng’s likely appointment as the Chief Justice of South Africa’s Constitutional Court.  It is mainly based on his judgments in cases of gender violence and sexual orientation.  Have a read, it’s very interesting and certainly an issue to follow – Robson offers a number of links to background material and places which might cover Mogoeng’s upcoming interview by the South African Judicial Service Commission.

South African Constitutional Court: Justice Mogoeng’s Nomination and Opposition.