In recent years, there has been increasing recognition of the importance of diversity within the judiciary in Canada. However, despite notable progress, the representation of Pan-Asian individuals in the judiciary, particularly in British Columbia, remains disproportionately low. This underrepresentation is concerning, and it underscores the need for a more inclusive approach to judicial appointments. While great inroads have been made, more can — and must — be done.
British Columbia is one of the most culturally diverse provinces in Canada, with a substantial Pan-Asian community. According to the 2021 Census, approximately 28% of British Columbia’s population identifies as having Asian origins. Pan-Asian representation within the judiciary does not reflect the province’s diversity.
The lack of Pan-Asian representation in the judiciary affects public confidence in the legal system. A judiciary that mirrors the diversity of the community it serves is more likely to be perceived as fair, impartial and representative. When the judiciary does not reflect the demographic makeup of the population, it can lead to perceptions of bias and a lack of trust. This is particularly relevant in British Columbia, where the Pan-Asian community plays a significant role in the social, economic and cultural fabric of the province.
Diversity within the judiciary brings a variety of perspectives and life experiences that enrich judicial decision-making. Judges from diverse backgrounds can provide unique insights into the cases they adjudicate, particularly those involving issues of race, ethnicity and cultural practices. This diversity of thought can lead to more nuanced judgments and lead to “impact on the ability of the judges to appreciate their circumstances, assess their credibility, and craft appropriate remedies.”1
Moreover, the underrepresentation of Pan-Asian individuals in the judiciary may deter talented lawyers from these communities from pursuing judicial careers. Personally, I can count on a single hand the number of times that I have appeared before a Pan-Asian member of the judiciary. When aspiring judges do not see themselves represented on the Bench, they may feel that their chances of being appointed are slim, which can lead to a lack of diversity in the pool of judicial candidates. This cycle perpetuates the status quo and hinders progress toward a more inclusive judiciary.
Addressing this issue requires a multifaceted approach. There needs to be a concerted effort to identify and encourage qualified Pan-Asian lawyers to apply for judicial positions. This involves outreach and mentorship programs to support and guide potential candidates through the application process. Promoting diversity in judicial law clerks can also encourage a “pipeline” toward the judiciary as well. Organizations such as the Federation of Asian Canadian Lawyers (British Columbia) Society, Bar associations and community groups can play a pivotal role in these initiatives.
Additionally, the judicial appointment process itself must be scrutinized to ensure it is free from biases that may disadvantage Pan-Asian applicants. This could include reviewing the criteria and procedures used for judicial appointments to ensure they are transparent and equitable. Furthermore, there should be — and is — a commitment at the governmental level through The Honourable Arif Virani to prioritize diversity in judicial appointments. However, more can always be done, including setting specific targets or goals for Pan-Asian representation within the judiciary and regularly reporting on progress toward these goals. Transparent accountability measures are crucial to drive meaningful change.
The need for more Pan-Asian diversity in the Canadian judiciary, particularly in British Columbia, is clear. While we may now have a Bench that is more diverse than ever, it is critical that we continue to advocate for representation. Borrowing from Lebanese-American author, Kahlil Gibran, “progress lies not in enhancing what is, but in advancing towards what will be.” Canada is, and will always be, diverse. We must continue to push to ensure that our Bench reflects that reality now and into the future.
1. The Right Honourable Beverley McLachlin, Chief Justice of Canada, ‘Judging: the Challenges of Diversity’ (Judicial Studies Committee Inaugural Annual Lecture, Edinburgh, June 2012). | ↩