[37] Bill 8 Original (PDF)

Bill 8 2003

An Act to provide
for greater accountability
in judicial appointments

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. (1) Clause 43 (2) (c) of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is repealed and the following substituted:

(c) five persons who are neither lawyers nor judges appointed by the Attorney General;

(c.1) two persons, either of whom may, but need not, be a lawyer or a judge, appointed by the Attorney General;

(2) Subsection 43 (8) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is repealed and the following substituted:

Function

(8) The function of the Committee is to review the professional competence and suitability of candidates for the position of provincial judge or for justice of the peace based on the assessed competence and suitability of the candidates.

Report

(8.1) After completing its review for a candidate, the Committee shall report to the Attorney General that the candidate's competence and suitability for the position either has been established or has not been established.

Criteria

(8.2) The Committee shall and the Legislature of the Province of Ontario, by resolution, may set out criteria to be used in a review under subsection (8).

Publication

(8.3) The Committee shall publish all criteria established under subsection (8.2).

Where conflict

(8.4) In the event of a conflict or inconsistency in criteria established by the Committee and by the Legislature, the criteria established by the Legislature shall prevail.

(3) Section 43 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16 and amended by 1996, chapter 25, section 9, is amended by adding the following subsections:

Interpretation

(9.1) In subsection (9), "judicial vacancy" includes a vacancy for a justice of the peace.

. . . . .

Limited to judges

(10.1) Subsection (10) applies only to a person who is a candidate for a position as a provincial judge.

. . . . .

L.G. in C. appointments

(11.1) An appointment by the Lieutenant Governor in Council under this Act to fill a judicial vacancy comes into effect when it is approved by the Legislature of the Province of Ontario.

Limited time on list

(11.2) A candidate who has been on the list of those whose competence is established for three years or longer is not eligible to be appointed to fill a judicial vacancy, but such a candidate may reapply to be put on that list again.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Greater Judicial Appointments Accountability Act, 2003.

EXPLANATORY NOTE

The purpose of the Bill is to amend the Courts of Justice Act to provide for the following changes:

1. Justices of the peace will be part of the judicial appointment process as candidates.

2. The Committee will assess the competency of candidates and report that a candidate's competence is either established or not established.

3. A candidate will be eligible for an appointment only if that candidate's competence has been established within the three-year period before the candidate's proposed appointment. Candidates can reapply to have their competence established again.

4. Of the seven Committee appointments made by the Attorney General, two may be either a lawyer or a judge.

5. Appointments of judges and justices of the peace will come into effect when the Legislature approves them.