Keywords
Judicial selection process, judicial appointment, Canadian judiciary
Abstract
Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges’ questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government has already prescribed, and many offer substantially similar answers. This suggests, first, that not all successful applications or, for that matter, applicants are created equal and, second, that applicants use the questionnaire less as an opportunity to demonstrate free thought and more as a test to prove their fealty to dominant assumptions about the court’s role in society. The questionnaire therefore misses an opportunity to show that diversity on the bench is more than skin-deep. Meanwhile, recent trends show that the government has lagged behind on its commitment to make judges’ applications public. The article concludes that if the government is serious about introducing greater transparency and accountability to the judicial selection process, then it should revise the questionnaire to elicit more meaningful responses from applicants and table legislation to codify the government’s political promise to publish appointees’ views on the role of the judiciary in Canadian society.
