Matt LeMieux

10 April 2007

Canadians Want to Elect Judges

The selection of judges in common law countries varies from jurisdiction to jurisdiction. In the United States, where you have a federal court and 50 individual state court systems, the selection of judges is a mixed bag. All federal judges are appointed by the President for life terms. But the selection of judges at the state level varies. A growing number of states allow their citizen to elect judges, like they do other political offices. It appears that a majority of Canadians like the idea of judges campaigning for their spots. The Toronto Globe and Mail reports that two-thirds of Canadians want to abandon their current judicial selection system and replace it with elections. Not everyone in Cananda thinks this is a good idea. Ontario's Chief Justice questioned whether the country's judicial system would remain impartial noting that:
if Canadian judges felt compelled to impose popular verdicts and sentences to ensure their re-election, “it could really destroy the very best traditions of an independent judiciary. I think it would be a tragic initiative for the administration of justice.”
The Chief Justice also cautioned that money needed to run judicial campaigns could lead to abuse.