Supreme Court of Canada Appointment Process - 2023

  • June 29, 2023

From the Office of the Commissioner for Federal Judicial Affairs Canada

On June 20, 2023, the Prime Minister of Canada opened the process to select the next justice of the Supreme Court of Canada, and fill the vacancy created by the retirement of Russell Brown on June 12, 2023. (View Prime Minister’s news release)

Under the process, used for the first time in 2016, an independent and non-partisan Advisory Board will again be given the task of reviewing all applications, and identifying functionally bilingual candidates who are of the highest caliber for the Prime Minister’s consideration.

The Advisory Board’s Terms of Reference stipulate that, in establishing a list of three to five qualified and functionally bilingual candidates, members must seek to support the Government of Canada’s efforts to achieve a gender-balanced Supreme Court of Canada that also reflects the diversity of members of Canadian society, including Indigenous peoples, persons with disabilities and members of ethnic, linguistic and other minority communities, including those whose gender identity or sexual orientation differs from that of the majority.

In recognition of the convention of regional representation, this process is open to candidates from Western Canada and Northern Canada, that is British Columbia, Alberta, Saskatchewan Manitoba, and Nunavut, Yukon and the Northwest Territories. Candidates may demonstrate that they satisfy the geographical requirement by reference to their bar membership, judicial appointment or other relationship with Western Canada or Northern Canada. The question of whether a candidate is functionally bilingual will be assessed by the Office of the Commissioner for Federal Judicial Affairs, in accordance with established and objective criteria.

On behalf of the Advisory Board, I encourage you to use your networks and knowledge of the judiciary and legal community in your jurisdictions to identify qualified candidates, and urge them to submit an application through my Office at the following address: https://www.fja.gc.ca/scc-csc/2023/form-formulaire-eng.html. Your early attention to this matter is much appreciated as the deadline to file an application for appointment to the Supreme Court of Canada is July 21, 2023, at 23:59 PDT.

Marc A. Giroux
Commissioner for Federal Judicial Affairs