Principles of Judicial Office – Justices of the Peace
Respect for the Judiciary is acquired through the pursuit of excellence in administering justice.
Preamble
A strong and independent judiciary is indispensable to the proper administration and protection of justice in a free and democratic society. Justices of the peace must be free to perform their judicial duties without fear of reprisal or influence from any person, group, institution or level of government. In turn, society has a right to expect those appointed as justices of the peace to be honourable and worthy of its trust and confidence.
The justices of the peace of the Ontario Court of Justice recognize their duty to establish, maintain, encourage and uphold high standards of personal conduct and professionalism so as to preserve the independence and integrity of their judicial office and to preserve the faith and trust that society places in the individuals who have agreed to accept the responsibilities of judicial office.
Members of the judiciary recognize the importance of being mindful of the needs and circumstances of the communities they serve, and respectful of the people who appear in their court.
The following principles of judicial office are established by the justices of the peace of the Ontario Court of Justice and set out standards of excellence and integrity to which all justices of the peace subscribe. These principles are not exhaustive. They are designed to be advisory in nature and are not directly related to any specific disciplinary process. They are intended to assist justices of the peace in addressing ethical and professional dilemmas but may also assist the public to better understand the judicial role and form reasonable expectations of justices of the peace in the court and in the community.
It is important to note that in addition to these Principles of Judicial Office, the Canadian Judicial Council’s Ethical Principles for Judges also form part of the ethical standards governing the conduct of justices of the peace of the Ontario Court of Justice. The detailed ethical principles and related commentary in Ethical Principles for Judges address many issues facing justices of the peace of the Ontario Court of Justice and should be consulted for ethical guidance.
1. The Justices of the Peace in Court
1.1. Justices of the peace are impartial and objective in the discharge of their judicial duties.
Commentaries:
a) Judicial independence from external pressures enhances public confidence in the fairness and impartiality of proceedings.
b) Justices of the peace are not influenced by partisan interests, public pressure or fear of criticism. Justices of the peace maintain their objectivity and do not, by words or conduct, manifest favour, bias or prejudice towards any party or interest.
1.2. Justices of the peace have a duty to follow the law and do what is just.
Commentaries:
a) Justices of the peace have a duty to apply the relevant law to the facts and circumstances of the cases before the court and render justice within the framework of the law.
1.3. Justices of the peace respectfully maintain order, decorum and solemnity in court in all in-person and virtual settings.
Commentaries:
a) Justices of the peace strive to be patient, dignified and courteous in performing the duties of judicial office and carry out their role with integrity, appropriate firmness and honour.
b) Justices of the peace ensure that the court remains a respectful environment for all participants including staff, lawyers, parties, witnesses and members of the public.
2. The Justices of the Peace and the Court
2.1. Justices of the peace approach their judicial duties in a spirit of collegiality, cooperation and mutual assistance.
2.2. Justices of the peace conduct court business with due diligence and dispose of all matters before them promptly and efficiently having regard, at all times, to the interests of justice and the rights of the parties before the court.
Commentaries:
a) Justices of the peace are mindful of the differing backgrounds, circumstances and needs of the participants in the proceedings, and approach each case with a willingness to learn about the people and the issues involved.
2.3. Reasons for judgment are delivered in a timely manner.
2.4. Justices of the peace have a duty to maintain their professional competence in the law.
Commentaries:
a) Justices of the peace engage in continuing legal and general education programs and self-directed learning in order to maintain currency in knowledge and skills needed to fairly discharge their duties.
2.5. The primary responsibility of justices of the peace is the discharge of their judicial duties.
Commentaries:
a) Subject to applicable legislation, justices of the peace may participate in activities such as teaching, participating in educational conferences, writing and working on committees, provided such activities do not interfere with the justice of the peace’s primary duty to the Court and do not undermine the justice of the peace’s or the judiciary’s perceived integrity, impartiality or independence.
3. The Justice of the Peace in the Community
3.1. Justices of the peace maintain their personal conduct at a level which will ensure the public’s trust and confidence.
3.2. Justices of the peace avoid any conflict of interest, or the appearance of any conflict of interest, in the performance of their judicial duties.
Commentaries:
a) Justices of the peace must not participate in any partisan political activity. Justices of the peace must not contribute financially to any political party.
3.3. Justices of the peace do not abuse the power of their judicial office or use it inappropriately.
3.4. Justices of the peace are encouraged to be involved in community activities provided such involvement is not incompatible with their judicial office.
Commentaries:
a) Justices of the peace do not lend the prestige of their office to fund-raising activities. While justices of the peace may wish to contribute to various organizations or community needs, contributions should be made in a personal capacity and should be detached from the use of judicial title or role.
3.5. Justices of the peace exercise caution in the use of social media.