JUDICIAL APPOINTMENTS

 

How Federal Judges Are Appointed

Judges who sit on Nova Scotia 's Court of Appeal and Supreme Court are appointed by the Federal Government - specifically, by the Governor General acting on the advice of the federal Cabinet.

The recommendation for the appointment of a new Justice comes to the Cabinet from the federal Minister of Justice. However, the Prime Minister makes the recommendation if the appointment is for a Chief Justice of the Court.

In turn, the Minister of Justice and the Prime Minister choose the candidate they will recommend to Cabinet from a list provided by the Province's Judicial Advisory Committee. Each Province has its own standing Judicial Advisory Committee made up of lawyers, Judges, a member of the province's Department of Justice, and three members of the public. These independent committees have the responsibility of assessing the qualifications of those applying for judicial appointments. The committee then provides the federal Minister of Justice or the Prime Minister with a short list of prospective candidates for them to chose from.

In order to be eligible to be considered, a prospective candidate must:

(a) have been a barrister or advocate for at least ten years in any province
OR
(b) have been a barrister or advocate in any province, and exercised powers and performed duties and functions of a judicial nature on a full-time basis for a total fo at least ten years

For more detailed information on how Justices of the Province's Court of Appeal and Supreme Court are appointed, go to the: Commissioner of Federal Judicial Affairs website.

 

 

How Provincial Judges Are Appointed

Judges who sit on Nova Scotia's Provincial and Family Courts are appointed by the “Governor in Council” - the Lieutenant Governor.

A standing Advisory Committee made up of lawyers, Judges, and members of the public compiles and maintains a list of 20 qualified candidates recommended for appointment. These are selected from the applications submitted and are based on a number of criteria. This list is provided to the Nova Scotia Minister of Justice on request.

In keeping with constitutional and legal requirements, the Lieutenant Governor of Nova Scotia has the ultimate responsibility to appoint Provincial and Family Court Judges. By tradition however, the Lieutenant Governor usually appoints the candidate recommended by Cabinet.

For more detailed information on how the Province's Provincial and Family Court Judges are appointed and about the qualification criteria, go to: Guidelines for Provincial Judicial Appointments.