Beneath the Law

The Democratic Dilemma of Judicial Selection


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Judicial appointments spark controversy. 

In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms levelled against this system. 

Addressing everything from the role of laypeople in judicial committees to the independence of the judiciary post-appointment, the hosts argue that while the process is far from perfect, it is deeply rooted in democratic principles. 

They champion the idea that judges, once appointed, are shielded from the political fray, able to exercise their duties with impartiality—a cornerstone of the Canadian legal system.

Listen For:

4:20 - The Provincial Power to Appoint

11:21 - Reality of Supreme Court Appointments

19:36 - Independence of the Judiciary

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Gardiner Roberts website | Gavin email | Stephen email 

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