I hope that this short introduction will help you understand the purpose of my posts, what they are and are not, and also provide an overview of The Ethical Principles for Judges, a document which I will be referring to often in my posts.
Who is this for? As my home page explained, I hope to contribute to a better understanding by Canadians of the ethical standards and guidelines that Canadian judges work by. These are not meant to be scholarly articles. There are several scholars in Canada who have written and spoken extensively on Canadian judicial ethics. I had the good fortune of working with many of them when I was with the National Judicial Institute. I thought about naming some here for those who want a deeper analysis of why Canadian judges make the ethical choices that they do. I have chosen not to because my list would be a bit dated and I would likely miss some young scholars who are new to this work. I would suggest that you go to some of the legal sites like Slaw or Ablawg where you will find articles written by professors who write in this area.
How do I pick my topics? Often, something comes up in the news involving the ethics of judging. My post, Family Matters, is an example. Sometimes it is because of a case decided in our courts. Other topics will be ones that I think are important. My post, Words Matter, fits into this category. Finally, suggestions and questions are always welcome.
Ethical Principles for Judges – In 1998, the Canadian Judicial Council published the first edition of Ethical Principles for Judges (The Principles), a booklet intended to be guidance for federally-appointed judges. In the first edition, then Chief Justice Lamer described the publication as …”a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter.” In 2021, a second edition was published. The changes in the second editions are a good marker for the ways that judging and its ethical challenges change as society changes. A copy of the newest version can be found on the website of the CJC, https://cjc-ccm.ca/sites/default/files/documents/2021/CJC_20-301_Ethical-Principles_Bilingual_Final.pdf
An excellent explanation of the history of The Principles, what it contains and how it is applied using some practical examples is contained in The Mystery of Judicial Ethics: Deciphering the “Code”, 2004 CanLIIDocs 666, authored by The Honourable Justice Georgina Jackson of the Saskatchewan Court of Appeal.
Likely future posts will talk about the kinds of changes that were made in 2021 and why they were necessary.