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  • The Ascent of the Canadian Judicial Council: Bill C-9 and the Move Towards Judicialized Governance

  • Caroline Dick
  • Journal:
    Canadian Journal of Political Science/Revue canadienne de science politique / Volume 57 / Issue 1 / March 2024
    Published online by Cambridge University Press:
    04 April 2024, pp. 195-214
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  • The Canadian Judicial Council is primarily responsible for regulating misconduct among federally appointed judges. Over the last decade, the Council has faced some highly publicized challenges to its authority when judges facing misconduct complaints commenced judicial review proceedings pursuant to the Federal Courts Act. In response to these challenges, the Council sought to immunize itself from judicial review, first by pleading its case in court and then by pressing for legislative changes in the form of Bill C-9. The new legislation, which exempts the Council from almost all external judicial oversight, was driven by the Council and assented to by a government willing to delegate its power to judicial elites. The legislation not only fails to provide adequate checks on the Council's power as an administrative decision maker, it represents a high-water mark in judicialized politics, pointing to a judicialization of governance in the area of judicial discipline.