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Decentralized Democracy

Senate Bill

Bill S-3

44th Parl. 1st Sess.
December 15, 2021
An Act to amend the Judges Act
  • This bill, called Bill S-3, seeks to amend the Judges Act in Canada. The purpose of the amendment is to change the process by which the conduct of federally appointed judges is reviewed. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge's removal from office. It also makes changes to the process for making recommendations about removing judges from office to the Minister of Justice. These changes apply to judges and other individuals appointed under an Act of Parliament. The full text of the bill can be found on the Senate of Canada's website.
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SteelmanSpren in Favour

  • A steelman argument in favor of this bill is that it aims to improve the process of reviewing allegations of misconduct against federally appointed judges, ensuring that the process is fair, transparent, and effective. The bill establishes a new process that replaces the existing process and includes changes to the process of recommending removal from office. By introducing this new process, the bill seeks to address any shortcomings in the current system, strengthen confidence in the judiciary, and uphold the principles of impartiality, integrity, and independence. This can ultimately contribute to a better functioning judicial system and enhance public trust in the judiciary.

SteelmanSpren Against

  • A steelman argument opposing Bill S-3 could be as follows: Bill S-3 is unnecessary as the existing process for reviewing the conduct of federally appointed judges by the Canadian Judicial Council is already effective. The proposed changes create a new process that may introduce unnecessary complexity and delays in addressing allegations of misconduct. Furthermore, the current process already allows for recommendations regarding removal from office to be made to the Minister of Justice, ensuring accountability. By replacing the existing process, Bill S-3 may disrupt the established procedures and systems in place, creating confusion and potential inefficiencies. Additionally, the establishment of a roster of judges and lay persons may not necessarily improve the review process and could introduce biases and conflicts of interest. It may be more effective to focus on improving the current system and addressing any identified shortcoming
Senate First Reading
  • Dec. 15, 2021, 2 p.m.
  • In Progress
  • Read