Overview

In 1988, Attorney General Ian Scott announced a three-year pilot project to try a different model of appointment for Provincial Court Judges. The Judicial Appointments Advisory Committee (JAAC) began its work under the chairmanship of Professor Peter Russell with a mandate: First, to develop and recommend comprehensive, sound and useful criteria for selection of appointments to the judiciary, ensuring that the best candidates are considered; and, second, to interview applicants selected by it or referred to it by the Attorney General and make recommendations.

Between 1990 and 1995, the size of the pilot committee grew from 9 to 13 persons and the committee worked at developing criteria and procedures which were reviewed, refined and eventually publicized. In 1992, under the chairmanship initially of Professor Emily Carasco and then Associate Chief Judge Robert Walmsley, the Committee issued a Final Report and prepared recommendations for draft legislation to ensure that judges in future will be appointed by a process independent of political considerations.

JAAC was formally established on February 28, 1995 by proclamation of the Courts of Justice Act amendment passed in 1994.

The Committee began a programme of public information to tell interested people how the appointment system works.

In 2021, amendments were made to the legislation, including increasing the minimum number of candidates to be recommended for a judicial vacancy from two to six.  Additionally, if a similar vacancy arose within 12 months after a recommendation, the Committee was required to provide a recommendation based on the previous recruitment instead of advertising the vacancy.  The Attorney General may also appoint the three lawyer members of JAAC from lists of three names submitted by the three law associations.  Previously, these law associations appointed their own representatives.

In 2025, further legislative amendments were enacted to switch to a pool-based process.  Candidates are now classified as “not recommended”, “recommended” and “highly recommended” across all court locations in which they are willing to sit.  A candidate’s classification period lasts for three years, beginning on the date the candidate applies.  In addition to the three lawyer members representing law associations, the seven non-judicial members appointed by the Attorney General may also now be lawyers.

The Judicial Appointments Advisory Committee is required to provide the Legislature with an annual report.  The 2021 legislative amendments require the Committee to include diversity statistics in its annual reports, based on data voluntarily disclosed by candidates.

Who Should Apply?

To qualify for consideration, applicants must have at least 10 years’ membership at the Bar in one of the provinces or territories of Canada, or, for an aggregate of at least 10 years, have been a member of such a Bar, and after becoming a member of such a Bar, exercised powers and performed duties of a judicial nature on a full-time basis in respect of a position held under a law of Canada or of one of its provinces or territories.  Applicants must also sign undertakings regarding continuing education and transfer requests.  Applicants must have a sound knowledge of the law, an understanding of the social issues of the day, and an appreciation for the diversity of Ontario’s population.

While courtroom experience is a distinct asset, the Committee also considers suitable candidates whose experience includes work with administrative tribunals, academia and in the social policy field.

Applications are encouraged from all interested and qualified candidates, representing the diverse population of Ontario.

Applicants with Errors and Omissions claims or complaints on file with the Law Society of Ontario or any other Society are generally not considered until such claims have been cleared.  The candidate is responsible for ensuring the removal of such claims or complaints; however, if the Committee receives sufficient information as to the claim or complaint being frivolous or lacking in foundation, then such a claim or complaint will not be a bar to the candidate being considered and interviewed, but the candidate may not be recommended until it has been removed.

Applicants who are involved in civil claims or proceedings may be considered if the Committee is of the opinion that the nature of such a claim does not prevent the candidate from being considered.

The Committee must be informed of any outstanding civil judgments, arrears in family support payments and any past or present proposals to creditors or assignments in bankruptcy.

Generally, the Committee does not recommend a candidate who has been convicted of a criminal offence for which the candidate has not received a record suspension.

Process

The Committee advertises for applications for judicial appointments on the Ontario Courts website at the Attorney General’s request.  Candidates must submit a current, prescribed application form.  These applications are reviewed by the Committee.  The Judicial Appointments Advisory Committee meets to select candidates for interviews from the short list.

The classification process may include reference checks, confidential inquiries and interviews.  The Committee provides a list to the Attorney General of candidates classified as “recommended” or “highly recommended”, indicating the candidate’s qualification to preside over bilingual proceedings, if applicable, and court locations in which each candidate is willing to sit.  Classifications are valid for three years from the date the candidate applies.

The Attorney General may only recommend a candidate for appointment to fill a judicial vacancy if the candidate was classified as “recommended” or “highly recommended”; is qualified to preside over bilingual proceedings if the vacancy is a bilingual position; is willing to sit in the court location to which the vacancy relates; and whose classification period has not expired.

Composition of the Committee

The Committee consists of seven (7) members who are not judges and are appointed by the Attorney General, two (2) judges appointed by the Chief Justice of the Ontario Court of Justice, one (1) member appointed by the Ontario Judicial Council, and three (3) members from the legal community appointed by the Attorney General from lists of three names submitted by the Law Society of Ontario, Ontario Bar Association and the Federation of Ontario Law Associations, respectively.  All members serve for a term of three (3) years and may be re-appointed.

Confidentiality

All aspects of the classification process, including the application form, are treated with total confidentiality.

Independence

The Committee is an independent advisory body, whose mandate is to recruit and classify candidates for appointments as judges in the Ontario Court of Justice and to report the classifications to the Attorney General.

Outreach

Committee members are available to speak to your organization about the Committee and the classification process.  Requests for presentations should be forwarded to JAAC@ontario.ca.