The Judiciary in Canada

All members of the judiciary in Canada, regardless of the court, are drawn from the legal profession. In the case of those judges appointed by the federal government, which includes the judges of all of the courts apart from those at the bottom of the hierarchy and described generally as provincial courts, are required by federal statute to have been a member of a provincial or territorial bar for at least ten years. Lawyers wishing to become judges must apply to do so and their applications are vetted initially by committees established within the various jurisdictions for that purpose, with the ultimate power of decision residing with the federal cabinet. Analogous systems operate within the respective provinces for appointments to the provincial courts.

All judges in Canada are subject to mandatory retirement. In the case of some of the judges appointed by the federal government, the age of retirement is fixed by the Constitution Act, 1867, at 75. In the case of all other judges, both federally and provincially appointed, the age is fixed by statute, at either 75 or 70, depending on the court.

The independence of the judiciary in Canada is guaranteed both explicitly and implicitly by different parts of the Constitution of Canada. This independence is understood to consist in security of tenure, security of financial remuneration and institutional administrative independence.