Judicial Justices of the Peace and Judicial Independence in Canada

“Judicial Justices of the Peace and Judicial Independence in Canada” (2015) 20 Review of Constitutional Studies (with Jonathan Brosseau).

41 Pages Posted: 15 Jun 2016 Last revised: 24 Mar 2017

See all articles by Fabien Gelinas

Fabien Gelinas

McGill University

Jonathan Brosseau

Université Paris I Panthéon-Sorbonne - Sorbonne Law School

Date Written: 2016

Abstract

Today, a variety of legal and political safeguards serve as strong barriers to improper influences on the judiciary in Canada. However, the application of the principle of judicial independence to judicial justices of the peace remains largely unexplored. The lack of comparative data on the situation of JJPs likely explains this gap in the literature.

To begin to fill this gap, this paper presents a pan-Canadian study of such justices in Canada and describes how judicial independence extends to them. It then raises questions about the current status and place of JJPs in light of the components of judicial independence defined in the recent decisions of the Supreme Court of Canada.

First, the analysis shows that all provinces and territories should establish independent compensation mechanisms to enhance the financial security of judicial justices of the peace. Second, the security of tenure of JJPs seems to comply broadly with the components of judicial independence, though changes could be brought in the years to come in order to improve the protection of the office and strengthen public confidence in the administration of justice.

Suggested Citation

Gelinas, Fabien and Brosseau, Jonathan, Judicial Justices of the Peace and Judicial Independence in Canada (2016). “Judicial Justices of the Peace and Judicial Independence in Canada” (2015) 20 Review of Constitutional Studies (with Jonathan Brosseau)., Available at SSRN: https://ssrn.com/abstract=2795791

Fabien Gelinas

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

Jonathan Brosseau (Contact Author)

Université Paris I Panthéon-Sorbonne - Sorbonne Law School ( email )

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