Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles, Book Chapters, & Popular Press

Canadian Judicial Council

Articles 1 - 2 of 2

Full-Text Articles in Public Law and Legal Theory

Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman Jun 2024

Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …


Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman Mar 2024

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …