New Canadian Judicial Council Report on Improving Court Administration

The Canadian Judicial Council has published a new report entitled Administering Justice for the Public on how to improve the efficiency of judicial administration in Canada:

"In 2003, the Canadian Judicial Council (CJC) decided to examine how courts could best advance both goals of court administration. Could Courts, in other words, be run in a way that will enhance their effectiveness, efficiency, and accountability on the one hand, while enhancing impartial and independent decision-making on the other? The CJC concluded that these twin goals can best be advanced by moving from an Executive-led model of Court Administration to a model of limited autonomy for self-governing Courts (which will be called the 'judicial responsibility' model) (...)"

"Canadian Courts are already moving in the direction of more judicial responsibility. Since 2002, the Canadian federal Courts have been administered by an independent government agency. In Ontario, since the early 1990s, the Chief Justice of the Ontario Court of Justice and the Attorney General have operated under a Memorandum of Understanding which gives the Chief Justice responsibility over a portion of the Court’s budget. Similar arrangements exist in different courts in Quebec, British Columbia and Alberta. In Quebec, the Court of Appeal of Québec and the Court of Québec each have been delegated by the Government significant autonomy in administrative decision-making. In other provinces, such as Manitoba and Newfoundland & Labrador, Court Management Councils comprised of judges and Government officials consult on shared concerns relating to Court administration".

"In light of the Canadian experience and that of other peer jurisdictions, the judicial responsibility model represents the best alternative for improving the quality and delivery of judicial services in Canadian Courts, and enhancing public trust and confidence in the judicial system, while preserving judicial impartiality and independence".

The CJC was created in 1971. Its role is to improve the quality of judicial service in all superior courts in Canada. It is composed of the chief justices and associate chief justices of Canada's superior courts. The Council is chaired by The Right Honourable Beverley McLachlin, Chief Justice of Canada.