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

2025/01/02 Leave a comment

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 


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Canadian passport will have new marker for transgender travellers, justice minister says

2017/05/06 Leave a comment

As expected and good that this is being done government-wide to ensure consistency:

Transgender travellers will soon have another option to tick off on their passport other than “male” or “female.”

Justice Minister Jody Wilson-Raybould said the government is working to update its gender identity policies right across federal departments, and they will include a revamped travel document.

“The prime minister is very mindful of perhaps a third box or an ability to mark something other than male or female. This work is being undertaken at Passport Canada,” she said. “Individual ministers and (people) within their departments are recognizing that this bill has been introduced, that there is work that needs to continue to be taken.”

Wilson-Raybould was testifying before the Senate legal and constitutional affairs committee, which is studying government legislation to protect the human rights and security of Canadians based on gender identity and gender expression.

She said the government has much work to do to ensure its own policies accord with the intent of C-16, including a recognition that “simply ticking a box of male or female” doesn’t comply.

A sex field is mandatory for travel documents under International Civil Aviation Organization (ICAO) rules. ICAO allows one of three markers: F for female, M for male or X for “unspecified.”

Immigration, Refugees and Citizenship Canada has already removed a requirement for proof of sex reassignment surgery for persons requesting to change the sex marker on IRCC documents, and the department is taking further steps to change the sex marker on travel documents, citizenship certificates and documentation for temporary and permanent residents, according to a government official.

Prime Minister Justin Trudeau has pledged to make all government-issued documents more reflective of gender diversity.

Seven countries have issued identification documents, such as a passport, with a third-sex designation.

‘Where does that end?’

But Conservative Senator Don Plett said changing the passport could have implications on international travel.

“When you start putting other boxes in, where does that end? How many boxes are we going to put in? I don’t think it’s a workable solution,” he said.

Bill C-16 would update the Canadian Human Rights Act and the Criminal Code, making it illegal to discriminate based on gender identity or expression and extending hate speech laws to include the two terms. Under the legislation, judges would also consider it an aggravating factor in sentencing when someone has been targeted for a hate crime based on gender identity or expression.

Wilson-Raybould said the protections are “long overdue” to end discrimination, lift barriers to employment and fill an important gap in the Criminal Code.

The bill has been praised by human rights and transgender advocates, but some senators on the committee raised concerns that there is no definition of the term, leaving it too vague for clear interpretation. Plett said the word “gender expression” could refer to what a person wears or how they comb their hair.

He asked what would happen if a person simply does not recognize more than two genders.

Personal pronouns

“For personal, scientific or faith-based reasons, do you believe they should have to refer to a person by a personal pronoun and should failure to do so constitute discrimination?” he asked.

Wilson-Raybould said Canadians should rest assured the bill will not infringe on freedom of expression, or compel anyone to refer to an individual by a certain personal pronoun.

Source: Canadian passport will have new marker for transgender travellers, justice minister says – Politics – CBC News

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ICYMI: Indigenous people overrepresented in justice system a ‘sad reality’: Jody Wilson-Raybould

2016/08/16 Leave a comment

The numbers are indeed shocking – our equivalent of US incarceration rates for Blacks:

The overrepresentation of Indigenous people in Canada’s justice system, both as offenders and victims, is a “sad reality,” Attorney General and Justice Minister Wilson-Raybould said in a speech at a Canadian Bar Association conference in Ottawa on Friday.

While Indigenous people in Canada make-up 4.3 per cent of the population, they represent more than 25 per cent of inmates, Wilson-Raybould said of the most recent findings by Canada’s prison watchdog.

“This is totally unacceptable,” she said.

The justice minister also pointed to the following findings:

  • Between 2005 and 2015, the Indigenous inmate population grew by 50 per cent compared to the overall growth rate of 10 per cent.
  • Indigenous women comprise 37 per cent of all women serving a sentence of more than two years.
  • Incarceration rates for Indigenous people in some parts of Canada are up to 33 times higher than for non-Indigenous peoples.

She called the statistics “shocking.”

Source: Indigenous people overrepresented in justice system a ‘sad reality’: Jody Wilson-Raybould – Politics – CBC News

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Liberal appointments signal intent to diversify Canadian judiciary

2016/06/22 Leave a comment

More analysis by Sean Fine on the Government’s first batch of judicial appointments:

The Liberal government has begun to change the face of the Canadian judiciary, appointing an aboriginal judge, an Asian-Canadian judge and a prominent member of the LGBT community in its first set of 15 appointments – of which just three were white males.

Justice Minister Jody Wilson-Raybould also signalled the government’s intention to take a different approach from its Conservative predecessors by promoting two human-rights specialists, including one who fought for gay rights in a landmark case, to Alberta’s highest court.

The Liberals waited more than seven months to name a single judge to the federally appointed courts (provincial superior and appeal courts, the Federal Court and Tax Court), even as vacancies swelled to nearly 50 from about a dozen last summer before the election was called.

The first group indicates a shift in who sits as a judge in federally appointed courts – and who gets promoted. It includes Jonathon George of the Kettle and Stony Point First Nation in southwestern Ontario; like the Justice Minister herself, he is a second-generation lawyer. He was promoted to the Ontario Superior Court from the Ontario Court of Justice.

Douglas Mah, an Asian-Canadian, joins the Alberta Court of Queen’s Bench.

Lucy McSweeney, the Children’s Lawyer of Ontario, was named to the Ontario Superior Court. She received a professional leadership award in 2013 from Out On Bay Street, a group that helps LGBT law graduates transition to working life.

“I think it’s sending a strong signal that for [the Liberals], merit involves considering the diverse perspectives that people bring to the law, and that includes the backgrounds and the communities they identify with,” said Paul Saguil, a Toronto lawyer and board member of Pride Toronto, who described Ms. McSweeney as a mentor to him. “That signal is important in instilling public confidence in the judiciary.”

Sheila Greckol, one of the two appointees to the Alberta Court of Appeal, represented Delwin Vriend, a teacher who was fired because he was gay, and fought all the way to the Supreme Court of Canada to establish that Alberta’s human-rights code discriminated by excluding gays from its protections. Justice Greckol was a labour lawyer who represented unions. Ms. Wilson-Raybould promoted her from the Court of Queen’s Bench to replace Russell Brown, who was an irreverent right-wing blogger as an academic.

Sheilah Martin, the other Alberta appeal court appointee, was the law dean at the University of Calgary with a long list of publishing credits to her name focused on the equality section of the Charter of Rights and Freedoms. She, too, was promoted from the Court of Queen’s Bench.

During the decade-long tenure of prime minister Stephen Harper, that court became home to small-c conservative judges such as Justice Brown, who referred to Justin Trudeau in a 2008 blog as “unspeakably awful,” and Thomas Wakeling. (Mr. Harper later promoted Justice Brown to the Supreme Court of Canada.) And new judges appointed by Mr. Harper across Canada included barely a handful from visible minorities.

“The Liberals are back to doing what they’ve always done, which is to appoint people who are obviously left-wing,” Tom Flanagan, an adviser to Mr. Harper when he was opposition leader, told The Globe and Mail. He disputed that the conservatives appointed conservative judges. “The Conservatives were afraid to play the game,” he said.

Another observer said the Liberals were playing the same game as the Conservatives, but in reverse. “Individuals with those kinds of backgrounds [as Justices Greckol and Martin] were not being appointed under the Harper appointment process,” University of Alberta law professor Eric Adams said in an interview.

He said the Trudeau government’s first appointments, like those made during Mr. Harper’s decade in power, show “there is more than simply pure merit that’s at play. These aren’t appointments that are being made without consideration for candidates’ previous ideologies. And that’s not a criticism – I want to make that clear. In exercising its power of appointment, governments look for judges who, yes, are talented and fair-minded, but also align with the particular worldview of the government of the day.”

In all three promotions from superior courts to appeal courts, Ms. Wilson-Raybould shut out judges appointed by the Harper government, reaching back each time to the Liberal era of Paul Martin and Jean Chrétien. (The third of the three promotions put Judith Woods, a member of the Tax Court of Canada, on the Federal Court of Appeal.)

Source: Liberal appointments signal intent to diversify Canadian judiciary – The Globe and Mail

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