Volume 22, Issue 1-2, July - December 2019, Page 94-102.

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Although the Canadian legal system has many virtues, it has at least one major weakness – its judicial appointments and promotion systems. The paper begins by identifying six key values that need to be considered in order to assess the legitimacy of a judicial appointments process – independence, impartiality, representativeness, transparency, accountability and efficiency. In the following sections, through the use of three case studies of appointments to the Supreme Court of Canada, the superior courts of Nova Scotia and a (...) promotion to the Federal Court of Canada, we demonstrate that Canada has failed to live up to these values. We conclude by suggesting that recent reforms to the judicial appointments processes by the current government are an improvement, but that more radical reforms are essential to enhance public confidence in the integrity of Canada’s judicial appointments and promotion systems. (shrink)

In this paper the authors present a description and reflective analysis of an underdeveloped aspect of legal ethics education: judicial ethics. Part I provides an introduction to Canada's National Judicial Institute and its early attempts to design and deliver judicial ethics education programmes. Part II then suggests that in the last few years a second generation of judicial ethics education has emerged, generating a more systemic and contextually sophisticated pedagogical agenda. Finally, in Part III, the authors argue in favour of (...) even more challenging judicial ethics programmes that will enable judges to develop an enhanced ethical identity. (shrink)

We are all familiar with the old adage that hard cases make for bad law. This symposium riffs off that idea to inquire whether soft law can make for ethical lawyering? To interrogate this q...