(Ottawa) The Canadian government is making changes to the questionnaire that must be completed by candidates for the federal bench, in order to be able to more easily appoint judges from diverse backgrounds.
Posted at 4:08 p.m.
Updated at 8:34 p.m.
The change aims to incorporate language that is “more respectful and inclusive of individuals who identify as part of diversity,” the Justice Department said in a statement.
Applicants now have the option to say whether they identify as Indigenous, racialized, disabled, female, member of an “ethnic/cultural group” or from the LGBTQ+ community.
The government’s note section “seeks to achieve gender balance and fully reflect the diversity of Canadian society in the superior courts” and requests information “that would contribute to this goal.”
The chair of the Canadian Bar Association’s judicial issues subcommittee, Indra Maharaj, called the changes a step in the right direction.
“They highlight the importance of diversity and the extent of gender and sexual orientation diversity in our community,” she said.
Mme Maharaj argued that a new wellness question is also welcome, as it allows people to talk about their past struggles and how they overcame them.
These Federal Judicial Appointments Questionnaires are an essential tool used by advisory boards across the country to review nominations and submit their recommendations to the Minister of Justice.
Voices have been raised recently to deplore the lack of diversity within the Canadian judiciary.
However, the government “encourages members of advisory committees to strive to create pools of candidates that are gender-balanced and reflective of Canada’s diversity”. The new questionnaire should facilitate the identification of candidates from diverse backgrounds.
Former Justice Minister Jody Wilson-Raybould had already announced in 2016 a process to increase transparency, independence and diversity in the justice system, with particular emphasis on the selection of women and members of visible minorities.
The changes to the 2016 questionnaire were made after consultations with the Canadian Bar Association, the Canadian Judicial Council and the Office of the Commissioner for Federal Judicial Affairs, the Department of Justice says.
The federal government says more than half of the 550 judges appointed since November 2015 are women, and “the appointments reflect increased representation” of other diverse groups.
This summer, Michelle O’Bonsawin was appointed the first Indigenous justice to the Supreme Court of Canada.
“These changes to the questionnaire for federal judicial appointments will allow the Judicial Advisory Committees, whose recommendations I rely on, to benefit from comprehensive and relevant information,” Justice Minister David Lametti wrote.
“At the same time, I hope these changes will further encourage candidates from across Canada to apply for appointment and support greater diversity within the judiciary. »
Mme Maharaj argued that it was important to reinforce the importance of having diverse candidates applying to be judges.
“It’s a process. It’s not something you can accomplish with one change or another, she said. This does not mean that we are done encouraging diversity in judicial candidates. »