The Lawyers Weekly - October 22, 2010

Barreau
Continued From Page 1

plete facelift of the current
judicial appointment system,
beginning with the mandate and
composition of the judicial selec-
tion committee. At present,
under the Regulation respecting
the procedure for the selection of
persons apt for appointment as
judges (Regulation), the minis-
ter of justice must publish a
notice in a newspaper, inviting
interested persons to submit
their candidacy. An ad hoc selec-
tion committee— composed of a
judge of the court where there is
a vacancy, a lawyer, and a person
who is neither a judge nor an
advocate — assess the experience
as well as personal and intellec-
tual qualities of the candidates.
After the committee submits its
report on candidates it considers
“apt for appointment as judges,”
the minister then recommends
an appointment among the
shortlist of candidates. However,
the names of candidates for the
selection procedure, the report
of a committee and the docu-
ments attached to a registration
are all confidential.

“We have proposed
measures that seek
to better control that
which exists, and
which functions very
well, and make it
more transparent…
committee should be increased
from the current three to either
five members (including a judge,
two lawyers and two lay people)
or seven (including two judges,
three lawyers and two members
of the public), advises the Bar-
reau. In order to assess candi-
dates, the Barreau recommends
that the expert judicial selection
committee use an evaluation
chart or table largely based on
criteria used by the Nova Scotia
Advisory Committee on Provin-
cial Judicial Appointments.

All quotes were translated
from French by the author.

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