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w w w . C A N A D I A N L a w y e r m a g . c o m S e p t e m b e r 2 0 1 4 33 appointments committee accounting for only nine of 52 appointee positions. Exhibit C: The government refuses to collect and publish data regarding who is actually applying to become a fed- eral judge, making it impossible to chal- lenge Peter MacKay's statement that not enough women are applying for the job. Statistics are not the government's friend. Exhibit D: MacKay has repeatedly said "only truly important criteria applied to all our appointments" is "merit and legal excellence." The commission's web site lists the factors intended to provide a basis for assessing the suitability of can- didates for judicial appointment, but they are so broad they hide a lot of discre- tion in the catch-all description "merit." "Awareness of racial and gender issues" is listed as one of the many things that "may be considered in assessing a candidate's suitability." Conspicuously absent is actu- al membership in an under-represented race or gender. Punctuality, however, is enumerated as a needed personal char- acteristic. Exhibit E: For all its structure, the federal judicial appointments committee can only "recommend" candidates for appointment, but the government is not bound by the recommendation, and the minister of justice (or the Prime Minis- ter's Office) actually makes appointments unhindered by the process. The almost universally panned appointment of for- mer public safety minister Vic Toews comes to mind. Exhibit F: The outcome? Women stand at 34.1 per cent of the federal judi- ciary. How long will it take for women to achieve that extra 16 per cent to stand as equals? The answer may be in the report of federal judges' pension plans. Tabled in Parliament, the Pension Plan for Fed- erally Appointed Judges has to make actuarial predictions about the future. Buried in its assumptions on costs and lifespans was the projected gender bal- ance of federally appointed judges. In 2010 the report tabled in Parliament assumed there would be an equal num- ber of male and female judges by 2027. The update three years later and tabled March 2014 set out the new date of expected gender parity on the federal bench: 2035. That also means in just three years the goal of equal gender representation lost an additional eight years of progress. Based on the best evidence available to the federal government it also projects a net growth of only about 0.76 per cent a year in women on the bench for the next 21 years. Visible minorities and aboriginals who are starting off with a current grand total of 1.5 per cent of the federal judgeships may have a little longer to wait. This confirms the observation of Linda Robertson, chairwoman of the women lawyers forum of the Canadian Bar Association-B.C., who said it has "only been since the Conservatives came in that the number of female appoint- ments have slowed down." Verdict: Peter MacKay says the prob- lem and the solution is: "We need more women to apply to be judges. It's that simple." Clearly there is a problem, but the lack of women and visible minorities applying for the job of judge isn't it. Starting a business, making a will or buying a house? Declaring bankruptcy, dealing with a personal injury, insurance claim or job loss? If you're in the midst of one of life's big events, help is as close as your smartphone, tablet or computer. Simply go to www.CanadianLawList.com to find the right lawyer for your particular legal need. www.CanadianLawList.com is Canada's most comprehensive online directory of lawyers and law firms. And it's easy to use! You can search by city, legal specialty, or name for listings and contact information. Find the legal expertise you need at www.CanadianLawList.com. g a house? nal injury, help is as Si l legal expertise? Looking for Find exactly what you need at www.CanadianLawList.com and it's available to you 24 hours a day. s available y availabl y CLLwebsite_CL_Jan_14.indd 1 13-12-03 11:07 AM

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