Jurisdiction & Appointments Process for Judges
Judges of the Ontario Superior Court of Justice have the authority to hear and determine any matter within the Court’s jurisdiction. Because the Court is one of inherent jurisdiction, its judges can hear and determine any matter unless legislation assigns it to another level of court. This jurisdiction includes all civil, criminal, and family matters not assigned to another level of court, judicial review of government action in Ontario, and statutory appeals from certain provincial administrative tribunals.
The judges are appointed under section 96 of the Constitution Act, 1867. These appointments are made by the Governor General, who acts on advice from the federal Cabinet and recommendations from the Minister of Justice and Attorney General of Canada. The Minister makes recommendations after receiving advice from a Judicial Advisory Committee that has assessed the qualifications of the candidates who apply.
Candidates for judicial appointments must be members of the Bar of a Canadian province. They are required to have practiced law or have held a full-time position of a judicial nature for 10 years or more. Candidates are assessed for their knowledge, skills, experience, and personal characteristics relevant to the judicial function. Once a candidate becomes a judge, they can serve in office until they are 75 years of age.