Canadian Lawyer

October 2024

The most widely read magazine for Canadian lawyers

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12 www.canadianlawyermag.com FEATURE CROSS EXAMINED APPOINTING AND BROADENING CANADA'S JUDICIARY NATIONWIDE In Attorney General Arif Virani's first year in his dream job, he has pushed to diversify and fill vacancies on the bench SINCE TAKING office as Canada's attorney general, Arif Virani has taken significant steps to improve the speed, transparency, and diversity of the judi- cial appointment process. Virani says he appointed 146 judges in his first term, which he proudly points out means 95 percent of judicial positions nationwide are now filled. "That's a blistering pace by anyone's count," Virani says. The expedited process is the result of reforms aimed at reducing delays and improving administrative efficiency, such as prioritizing security checks for judicial candidates and requiring their submission alongside applications. Increasing efficiency in appointments Virani says one of the major bottlenecks in the judicial appointment process had been the time it took to conduct security clearances for candidates. Previously, these checks were conducted sequentially, treating judicial appointments no differently than other federal appointees. To address this, Virani implemented a triaging system that prioritizes judicial candidates. He says that clearances are now handled much faster. Additionally, candidates now submit their security forms alongside their applications rather than waiting for later stages of the process, which has contributed to the faster appointment pace. Virani also increased staffing resources dedicated to the appointment process and maintains close oversight, frequently checking in with his team. "I remain a thorn in their side," he says. Another important reform was extending the terms of Judicial Advisory Committee (JAC) members from two to three years, ensuring continuity in their work. JACs, which are responsible for evaluating and recommending candidates for judicial appointments, now meet more frequently, especially in regions like the Greater Toronto Area, where backlogs had built up. Promoting diversity on the bench In addition to improving efficiency, Virani says he has made diversity a cornerstone of his judicial appointments. He has prioritized outreach to underrepresented communities, travelling across Canada and speaking to legal associations like the Indigenous Bar Association and the Federation of Asian Canadian Lawyers. His goal is to ensure that the bench reflects the diversity of Canadian society. " C a n a d i a n s ' c o n f i d e n c e i n t h e administration of justice is enhanced when they see themselves reflected on the bench," he says. "It is tremendously impactful when you can make changes such as proceeding on such a brisk pace with judicial appointments"

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