A new generation of judges is redefining what Canada’s top courts look like 

Really good and thorough analysis of judicial appointments under the Liberal government. My 2016 analysis of the Harper government appointments referenced. Legacy achievement of the Liberals and their first minister of justice, Wilson-Raybould. The next needed analysis would be to assess their impact on jurisprudence and decisions, a much harder task.

Likely that there will be a contrary shift under the likely Poilievre government in terms of process, appointments and transparency (i.e. FCJAC reports):

…A decade ago, and forever before that, a clear majority of judges on Canada’s most important courts were white men. That began to change after the federal government’s 2016 reshaping of the judicial hiring process, which in part focused on increasing diversity.

Now, among 1,180 federally appointed judges, 47 per cent are women, 6 per cent are racialized and 2 per cent are Indigenous, according to data compiled by the Office of the Commissioner of Federal Judicial Affairs in 2024. It is the first time the agency has compiled statistics on the varied backgrounds of all judges who decide the biggest cases.

Underrepresentation remains an issue, especially among Indigenous and racialized people, but recent gains are significant. In unofficial data from 2016, compiled by a former senior federal civil servant [me!] in Policy Options magazine, 30 per cent of judges at the time on federally appointed benches were women, 2 per cent were racialized and 1 per cent were Indigenous…

Up until 2016, the top judicial ranks were dominated by white men, chosen by Liberal and Conservative governments alike. From 2007 through 2015, when Stephen Harper was prime minister, two-thirds of 701 appointments were men, according to earlier data on gender from Federal Judicial Affairs. For several years, almost all new judges appointed by Mr. Harper’s government were white, a 2012 Globe story reported.

The federal Conservative Party did not respond to requests for comment.

In the new data compiled by Federal Judicial Affairs, with numbers as of February, 2024, the shift under Prime Minister Justin Trudeau is distinct….

Source: A new generation of judges is redefining what Canada’s top courts look like