Greater Judicial Appointments Accountability Act, 2001 Wood, Bob — Bill 15 (37th Parliament, 3rd Session)

Bill 15, 37-3

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Bill 15, Greater Judicial Appointments Accountability Act, 2001

Wood, Bob

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[37] Bill 15 Original (PDF)

Bill 15 2001

An Act to provide for

greater accountability

in judicial appointments

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. (1) Clause 43 (2) (

c) of the Courts

of Justice Act , as enacted by the Statutes of Ontario, 1994,

chapter 12,

section 16, is repealed and the following substituted:

(

c) five persons who are neither lawyers nor judges appointed by the

Attorney General;

(c.1) two persons, either of whom may, but need not, be a lawyer or a

judge, appointed by the Attorney General;

(2) Subsection 43 (8) of the Act, as enacted by the

Statutes of Ontario, 1994,

chapter 12,

section 16, is repealed and the

following substituted:

Function

(8) The function of the Committee is to review the professional

competence and suitability of candidates for the position of provincial judge

or for justice of the peace based on the assessed competence and suitability

of the candidates.

Report

(8.1) After completing its review for a candidate, the

Committee shall report to the Attorney General that the candidate's

competence and suitability for the position either has been established or

has not been established.

Criteria

(8.2) The Committee shall, and the Legislature of the Province

of Ontario, by resolution, may set out criteria to be used in a review under

subsection (8).

Publication

(8.3) The Committee shall publish all criteria established

under subsection (8.2).

Where conflict

(8.4) In the event of a conflict or inconsistency in criteria

established by the Committee and by the Legislature, the criteria established

by the Legislature shall prevail.

(3) Section 43 of the Act, as re-enacted by the

Statutes of Ontario, 1994,

chapter 12,

section 16 and amended by 1996,

chapter 25,

section 9, is further amended by adding the following

subsections:

Interpretation

(9.1) In subsection (9), "judicial vacancy" includes a vacancy

for a justice of the peace.

. . . . .

Limited to judges

(10.1) Subsection (10) applies only to a person who is a

candidate for a position as a provincial judge.

. . . . .

L. G. in C. appointments

(11.1) An appointment by the Lieutenant Governor in Council

under this Act to fill a judicial vacancy comes into effect when it is

approved by the Legislature of the Province of Ontario.

Limited time on list

(11.2) A candidate who has been on the list of those whose

competence is established for three years or longer is not eligible to be

appointed to fill a judicial vacancy, but such a candidate may reapply to be

put on that list again.

Commencement

2. This Act comes into force on the day it receives

Royal Assent.

Short title

3. The

short title of this Act is the Greater

Judicial Appointments Accountability Act, 2001.

EXPLANATORY NOTE

The purpose of the Bill is to amend the Courts of Justice Act to

provide for the following changes:

1. Justices of the peace will be part of the judicial appointment process

as candidates.

2. The Committee will assess the competency of candidates and report that

a candidate's competence is either established or not established.

3. A candidate will be eligible for an appointment only if that

candidate's competence has been established within the three-year period

before the candidate's proposed appointment. Candidates can reapply to have

their competence established again.

4. Of the seven Committee appointments made by the Attorney General, two

may be either a lawyer or a judge.

5. Appointments of judges and justices of the peace will come into effect

when the Legislature approves them.

Date Bill stage Activity Committee

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

April 25, 2001

First Reading

Carried

Debates and Progress

First Reading

April

25, 2001

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 15, 37-3
Type	bill
Volume / chapter	p37 s3 bill 15 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	de9b343d94e3e407b2901c249d512cbfdd54783a

Source file is stored in the law ingest library (html).