• Description
• Program
• Participants

Description

The workshop that took place in October 2007 was created to address key issues in judicial ethics. Both its scope and the substantive issues discussed were based on input from senior Canadian judges involved in monitoring the existing Ethical Principles for Judges and senior academics expert in public sector ethics and the judicial process. About 15 to 20 federally appointed judges were invited to attend. All of these judges are current or potential members of the Conduct Committee of the Canadian Judicial Council and past or current members of the Advisory Committee of Judges. Their input suggested that as we near the 10th anniversary of the Canadian Judicial Council’s Ethical Principles for Judges an opportunity for interaction between knowledgeable and committed academics and judges seems particularly valuable. Thus the York Centre on Practical Ethics assembled a small group of knowledgeable Canadians, including leading academics in judicial decision-making and the field of ethics generally.

These participants were supplemented by selected international experts, who can draw upon experience in common law jurisdictions (UK, Australia, New Zealand, USA), and with continental European and Asian practices/principles. In particular, the American experts were helpful given current struggles within and outside the American Bar Association to address difficulties with that country’s standards of judicial conduct.

As Canadians have experienced the impact of the Charter of Rights and Freedoms within a new regime of constitutional supremacy more attention has been brought to bear on the importance of the judiciary in its roles as an integral element of the democratic process as well as a guardian of that process. As a result of major scandals and instances of serious corruption in the highest circles of business and government, public expectations that the administration of justice, the rule of law and the ethical conduct of judges are above reproach are more demanding than ever.  Measures that contribute to insuring judicial accountability and transparency invite debate and reflection. There is a need for a fuller appreciation of the ethical norms governing the judiciary especially in respect of the powers, responsibilities, discretionary authority and constraints that inform the conduct of judges.

Canadian judicial ethics principles and practices were discussed in light of comparisons with other jurisdictions and were then compared with pertinent examples from other professions and examined in light of general ethical principles from the theoretical literature. The participants were a) judges currently involved in or expressly concerned with matters of judicial ethics b) academics with expertise in the judicial process, in the field of ethics generally and administrative ethics and public sector ethics more particularly, and c) public service officers (such as integrity officers) whose experience and expertise will substantially contribute to the learning process expected at this event.  The objective was to elicit fruitful discussions among academics and jurists. To that end ethics practitioners with considerable expertise in administrative and governmental ethics were also included.
 
Given both the purposes of the workshop—to promote interaction and dialogue between the academy and the judiciary, to contribute to the ongoing educational process and reflections of senior Canadian judges with respect to ethical principles, practices and recommendations for judicial ethics panels and stimulate scholarship in the area – and the professional responsibilities of the participants, especially members of the bench, the workshop will followed the Chatham House Rule.

The workshop spanned three days, beginning on afternoon of Friday, October 26 with a dinner session that evening. There were two 2 1/2 hr sessions on Saturday, October 27 with breakout meetings and a wrap up session Sunday morning.  Each day began with short keynote presentations (the only formal presentations we expect) with Chief Justice Scott, Madam Justice Jackson and Madam Justice Kent on Friday and David Mullan on Saturday.

The topics/questions for discussion were (without priority) as follows:

• The intersection between judicial independence and the ethical principles for judges.
• The extent to which a judge’s out of court room activity should be a factor in affecting judicial independence and impartiality.
• The relationship between ethical principles and the regulation of judicial conduct.
• Judicial accountability.         
• Recusal criteria - lowering or raising the bar.
• Ethical issues around the assignment of judges.
• Ethical obligations of judges relating to diligence.
• Ethical issues regarding pre- and post-employment (e.g. how important is what a judge did prior to appointment and how long before?  Should they be active in business and/or politics after leaving the bench?)
• Judicial free speech and judges' philosophies/ideologies and their obligations/freedom to explain their views in public forums.
• Comparisons of ethical principles for judges from various jurisdictions/countries.

Program

Participants