lecture recording on 12 March 2025 at 09.34.54 AM

Accountability of Judges

• Elected judges are held accountable through appeals.

  • If a party is unhappy with a superior court judge's decision, they can appeal.

  • To appeal, a party must demonstrate a mistake in fact or law.

Complaints Against Judges

• If concerned about a judge's behavior (not the decision), a complaint can be filed with a Judicial Council.

  • Judicial Councils address complaints about judges' actions (e.g., unprofessional conduct).

  • At the federal level, the Canadian Judicial Council handles federally appointed judges, while provinces have their own councils for provincial judges.

• Judicial Councils typically consist of judges but may include some non-judicial members.

Example of Judicial Misconduct

• Case of a Canadian Supreme Court Judge:

  • Attended a conference in the U.S. and was accused of inappropriate behavior with attendees, leading to police involvement.

  • The judge resigned to avoid the investigation.

Appeals Process

• Appeals can occur if a party wishes to challenge parts of a decision:

  • Example: If awarded $50,000 for one tort but disagrees with the dismissal of other claims, a party may appeal the latter.

  • The opposing party may cross-appeal.

• Judicial councils can recommend disciplinary actions such as suspension.

Removal of Judges

• Specific processes exist to remove judges from office, particularly federal judges:

  • A complaint to the Judicial Council initiates the process.

  • If the council recommends dismissal, the Minister of Justice submits the recommendation to a joint parliamentary session.

  • Removal hinges on majority approval from the House of Commons and Senate (Constitution Act, 1867, Section 99).

• Historically, no federally appointed judges have been forced out via this process.

Structure of Courts in Canada

Federal vs. Provincial Court Judges

• Majority of judges are federally appointed, overseen by the federal government:

  • Federal court judges are appointed by the Governor General on advice of the cabinet (Constitution Act, 1867, Sections 100 & 101).

  • Federal government pays for superior court, federal court, and Supreme Court judges.

  • Provincial courts and judges are governed by provincial laws (Constitution Act, 1867, Section 92).

Unitary and Hierarchical Court Structure

• Canada operates a unitary and hierarchical court structure:

  • Unitary: All courts can appeal to the Supreme Court of Canada.

  • Hierarchical: Cases move through various court levels (e.g., provincial court ➔ superior court ➔ court of appeal ➔ Supreme Court).

Ontario Court Structure

Ontario Court of Justice (Provincial Court)

• Handles cases related to youth criminal justice, less serious crimes, bail, and family law where a unified family court is not present.

• Approximately 250 judges and 325 justices of the peace.

Superior Court of Justice

• Jurisdiction covers general civil cases, serious criminal cases, and has hybrid courts (e.g., small claims court, unified family court).

• Judges have inherent jurisdiction unless specified otherwise.

Ontario Court of Appeal

• An appellate court focused on issues of law, overseeing decisions from the provincial and superior courts.

• Rarely hears new evidence or reexamines findings of fact; primarily reviews legal interpretations.

Supreme Court of Canada

• The highest court with only nine judges, who are appointed from various regions to ensure representation.

  • Must include three judges from Quebec due to its unique legal system.

  • Eight judges come from the rest of Canada (three Ontario, two from the West, and one from Atlantic Canada).

• Appeals to the Supreme Court typically require leave to appeal, emphasizing national significance and uniformity in law.

• It rarely reexamines factual findings but may hear reference questions from provincial or federal governments.