Investigation shows more judges who donate to the Liberals are brought to the bench than other party donors, raising partisanship questions.
The federal government also appoints members of more than a dozen “quasi-judicial” tribunals and boards, which deal with matters like benefits , refugee claims , labour grievances or trade issues , for example.
Legal scholars say that the federal appointment process for judges and tribunal members is fundamentally political since the final decision of who is appointed rests in the hands of the federal cabinet. “It may create the perception that political considerations are influencing the appointment system and perhaps the most capable judges are not being appointed in favour of partisan interests,” he stated in an email. Secondly, he said, it “likely discourages good candidates from applying who may have links to other parties.” As well, “it may constrain diversification of the judiciary.
“The minister does not receive information on the political affiliation or donation history of any applicant prior to deciding whether or not to pursue the recommendation of an individual for a judicial appointment,” said Virani’s spokesperson.Article content In 2016, nearly one in three judge and tribunal appointees who had donated to a political party in the previous decade had given to the Conservatives. Six years later, in 2022, that number had dropped to 20 per cent.
“In other words, the government’s objective is not to appoint ‘only Liberals,’ but to avoid as far as possible placing Conservatives, Bloc Québécois, etc.”Article content