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Irwin Cotler, MP

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Question on the Order Paper – Federal Judicial Appointments

Posted on December 19, 2014

Prof. Cotler has submitted the following question about federal judicial appointments. The government’s response is due upon the return of the House on January 26, 2015.

Q-8362 — December 2, 2014 — Mr. Cotler (Mount Royal) — With regard to federal judicial appointments from 1993 to 2014 inclusive: (a) broken down by year, province, and level of court, (i) how many judicial appointments were made, (ii) how many of those appointments were women, (iii) what percentage were women, (iv) how many indicated French as a first language, (v) what percentage indicated French as a first language, (vi) how many were visible minorities, (vii) what percentage were visible minorities, (viii) how many were Aboriginal, First Nations, or Métis, (ix) what percentage were Aboriginal, First Nations, or Métis; (b) broken down by year, how many persons were appointed to the following Judicial Appointments Advisory Committees or their predecessors, if any names changed, (i) Alberta, (ii) British Columbia, (iii) Manitoba, (iv), New Brunswick, (v) Newfoundland and Labrador, (vi) Northwest Territories, (vii) Nova Scotia, (viii) Nunavut, (ix) Ontario, East and North, (x) Ontario, Greater Toronto Area, (xi) Ontario, West and South, (xii) Prince Edward Island, (xiii) Quebec, East, (xiv) Quebec, West, (xv) Saskatchewan, (xvi) Yukon, (xvii) Tax Court of Canada; (c) for the persons named by the Justice Minister to the committees in (b), how many and what percentage were (i) women, (ii) Francophones, (iii) Aboriginals, First Nations, or Métis, (iv) visible minorities, broken down by committee and year; (d) how many applications were received total, and of these, how many were from (i) women, (ii) Francophones, (iii) Aboriginals, First Nations, or Métis, (iv) visible minorities, broken down by year and Judicial Advisory Committee; (e) what percentage of applicants were appointed, broken down by (i) gender, (ii) first language, (iii) visible minority status, (iv) Aboriginal, First Nations, or Métis identity, broken down by year for all federal judicial appointments; (f) what was the ratio of men to women on the committee and the ratio of women to men in terms of appointments for each year, broken down by Judicial Advisory Committee; (g) in what ways were appointment demographics measured, tracked, and monitored; (h) were any targets, quotas, or principles set with respect to the diversity of those serving on the Advisory Committees; (i) were any targets, quotas, or principles set with respect to the diversity of those who received judicial appointments; (j) what specific efforts were made to ensure diversity on Judicial Advisory Committees; (k) what documents are available that substantiate the answer in (j) with reference, control, or access numbers; (l) what specific efforts were made to ensure diversity in federal judicial appointments; (m) what documents are available that substantiate the answer in (l) with reference, control, or access numbers; (n) what meetings did the Department or Minister have with regard to ensuring diversity on Judicial Advisory Committees, broken down by year; (o) what meetings did the Department or Minister have to ensure diversity among federal judicial appointees, broken down by year; (p) how many Supreme Court of Canada appointments were made, broken down by Prime Minister; (q) how many of the appointments in (p) were of women; (r) what efforts were made to ensure gender parity on the Supreme Court of Canada; (s) how many federal judicial appointments were made to the (i) Federal Court, (ii) Federal Court of Appeals, (iii) Tax Court of Canada or their predecessor bodies, broken down by year; (t) of the appointments in (s) how many were (i) women, (ii) Francophone, (iii) Aboriginal, First Nations, or Métis, (iv) visible minorities; (u) of the candidates considered for each position filled in (s) how many were (i) women, (ii) Francophone, (iii) Aboriginal, First Nations, or Métis, (iv) visible minorities; (v) are women statistically more likely to be appointed to some courts over others and, if so, what explains this difference; (w) are women statistically less likely to be appointed to some courts over others and, if so, what explains this difference; (x) in what ways does the likelihood of an Aboriginal, First Nations, or Métis person receiving a federal judicial appointment vary; (y) in what ways does the likelihood of visible minority receiving a federal judicial appointment vary; (z) regarding the statistics needed to answer (x) and (y), have any quantities studies been completed by the government regarding any relationship between likelihood of appointment and demographic factors; (aa) have any studies been conducted on the demographics of individuals receiving federal judicial appointments; (bb) have any studies been conducted on the demographics panels, boards, and committees responsible for federal judicial appointments; (cc) regarding applications for judicial appointment, how do the percentage of applicants compare with general Canadian population as a whole, broken down by (i) year, (ii) gender, (iii) visible minority, (iv) Aboriginal, First Nations, or Métis identity; (dd) regarding federal judicial appointments, how do the percentage of appointees compare with the general Canadian population, broken down by (i) year, (ii) gender, (iii) visible minority, (iv) Aboriginal, First Nations, or Métis identity; (ee) regarding appointment to Federal Judicial Advisory Committees, how does the percentage of applicants compare with general Canadian population as a whole, broken down by (i) year, (ii) gender, (iii) visible minority, (iv) Aboriginal, First Nations, or Métis status; (ff) for each appointment made within the period, what was the duration of time between the date the vacancy arose and the date of appointment, broken down by court; (gg) what policies, guidelines, or targets exist regarding the timeliness of filling vacancies on courts; (hh) for each appointment made within the period to a judicial advisory committee, what was the duration of time between the date the vacancy arose and the date of appointment, broken down by advisory committee; (ii) what policies, guidelines, or targets exist regarding the timeliness of filling vacancies on advisory committees; (jj) what was the average time between a vacancy arising and it being filled, broken down by (i) year, (ii) court; (kk) what accounts for variations in the delay between a judicial vacancy arising and its being filled; (ll) when multiple vacancies exist concurrently, in what order are appointments made; (mm) for each court to which federal judicial appointments are made, what is the vacancy percentage, broken down by (i) year, (ii) court; (nn) do any requirements exist regarding the deadline by which a vacancy must be filled, broken down by court; (oo) what are the consequences of judicial vacancies on courts to which federal judicial appointments are made; (pp) what studies has the government undertaken or completed with respect to the impact of judicial vacancies; (qq) what metrics, if any, has the government identified with respect to judicial vacancies, (i) how are these measured, (ii) how often, (iii) by whom, (iv) for what purpose, (v) with what reporting; (rr) what metrics, if any, has the government identified with respect to judicial appointments, (i) how are these measured, (ii) how often, (iii) by whom, (iv) for what purpose, (v) with what reporting; and (ss) in what ways have any of the federal judicial appointments processes changed over the period indicated?

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