The Liberal government has made a change to the questionnaire prospective judges must fill out before applying for a federal judicial appointment.
The added section includes options for candidates to say whether they self-identify as an “indigenous individual,” “racialized individual,” “ethnic/cultural group or other,” “individual with disability,” “2SLGBQTQI+ individual,” or “woman.”
The Department of Justice Canada said in a
news release that the questionnaire was updated to “incorporate more respectful and inclusive language for individuals to self-identify diversity characteristics.”
According to the Office of the Commissioner for Federal Judicial Affairs Canada (
FJA), the questionnaire is the primary tool used by judicial advisory committees across the country to review candidates for the bench. After reviewing candidates, they submit recommendations—using categories such as “highly recommended,” “recommended,” or “unable to recommend”—to the incumbent justice minister, David Lametti.
Federal judicial appointments are then made by current Gov.-Gen. Mary Simon, acting on the advice of the federal cabinet and recommendations from Lametti.
The questionnaire was
first introduced in October 2016 as part of the
changes made to the superior courts’ judicial appointments process—announced by former justice minister Jody Wilson-Raybould—with emphasis on selecting women and visible minorities.
The
Employment Equity Act defines visible minorities as “persons, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour.”
The latest change came as a result of “feedback” from the Canadian Judicial Council, the Canadian Bar Association, and the FJA, the Department of Justice Canada said in a
news release on Sept. 26.
The release added that the revised questionnaire continues to allow applicants to highlight their accomplishments, and experiences interacting with communities, for consideration.
Data provided by the department shows more than half of the over 550 judges appointed at the superior court level since November 2015 are women. It went on to say the “appointments reflect an increased representation” of other diverse groups.
The Canadian Press contributed to this report.
