Greater Judicial Appointments Accountability Act, 2000 Wood, Bob — Bill 179 (37th Parliament, 1st Session)

Bill 179, 37-1

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Bill 179, Greater Judicial Appointments Accountability Act, 2000

Wood, Bob

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[37] Bill 179 Original (PDF)

Bill 179

Bill 1792000

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section 16, is repealed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section 16, is repealed and the following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, 2000 .

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 would be part of the judicial appointment process

as candidates.

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

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

3.A candidate would 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 could 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 would come into effect

when they are approved by the Legislature.

Date Bill stage Activity Committee

December 20, 2000

First Reading

Carried

Debates and Progress

First Reading

December 20, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 179, 37-1
Type	bill
Volume / chapter	p37 s1 bill 179 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e7d7a39a1250e5785b6e3ea77bf042a00ff4a11f

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