Independent judicial advisory committees constitute the heart of the appointments process. The committees are responsible for assessing the qualifications for appointment of the lawyers who apply. There is at least one committee in each province and territory. Because of their larger population, Ontario has three regionally based committees and Quebec has two. Candidates are assessed by the regional committee established for the judicial district of their practice or occupation, or by the committee judged most appropriate by the Commissioner. Each committee consists of eight members representing the bench, the bar, the law enforcement community and the general public, and 1 ex-officio non-voting member being either the Commissioner for Federal Judicial Affairs Canada, the Executive Director, Judicial Appointments, or their designate.
The Chief Justice or senior judge of the province or territory is invited by the federal Minister of Justice to choose one judicial representative. The provincial or territorial Law Society, the Canadian Bar Association, the provincial Attorney General or Territorial Minister of Justice, and the law enforcement community are invited to submit a list of names from whom an appointment to the relevant committee can be made. The Minister, with the assistance of the Commissioner for Federal Judicial Affairs Canada, then selects persons to serve on each committee who reflect factors appropriate to the jurisdiction, including geography, gender, language and multiculturalism.
The Judicial Advisory Committee for the Tax Court of Canada is comprised of five members: one judicial nominee designated by the Chief Justice of the Tax Court and four nominees of the Minister of Justice appointed to reflect Canada’s linguistic and geographic diversity. There shall be at least one member from each of the following regions: Maritimes, Quebec, Ontario and Western Canada.
The Committee Chairs and members are appointed by the federal Minister of Justice for 3 year terms with the possibility of a single renewal at the Minister’s discretion.
The names of the members of each Judicial Advisory Committee are posted below.