How are federal judges appointed in Canada?

Federally appointed judges in Canada (about 1,200 in the section-96 superior courts, the Federal Court, the Federal Court of Appeal, the Tax Court, and the Supreme Court of Canada) are appointed by the Governor in Council (Cabinet) on the advice of the Prime Minister and the Minister of Justice. The constitutional basis is section 96 of the Constitution Act, 1867 for provincial superior courts and various federal statutes for the federal courts. Federal judges serve until age 75 (the mandatory retirement age) and can be removed only on a joint address of both houses of Parliament for cause (under section 99 of the Constitution Act, 1867).

Since 1988, federal-judicial appointments have been vetted by Independent Judicial Advisory Committees (JACs) in each province and territory. JACs review the qualifications of candidates and rate them as Highly Recommended, Recommended, or Unable to Recommend, with the Prime Minister and Minister of Justice expected (though not strictly required) to appoint only Recommended or Highly Recommended candidates. JACs include senior lawyers, lay members, and members of the judiciary. The Office of the Commissioner for Federal Judicial Affairs (OCFJA) administers the JAC process.

Supreme Court of Canada appointments use a different process. Since 2016, the Independent Advisory Board for Supreme Court of Canada Judicial Appointments has reviewed candidates for SCC vacancies, providing a non-binding shortlist to the Prime Minister. The Advisory Board includes members appointed by the Federation of Law Societies, the Canadian Judicial Council, the Canadian Bar Association, and the federal government. Earlier appointment processes (from 2004 to 2015) involved parliamentary committee interviews of nominees but those have been discontinued.

Federal judicial salaries are set by statute (currently the Judges Act). The Chief Justice of Canada earns about $458,000 per year (2025); Supreme Court puisne justices earn about $424,000; Federal Court of Appeal Chief Justice earns about $391,000; section-96 superior court judges earn about $371,000. Salaries are adjusted by an independent Quadrennial Judicial Compensation Commission. The Provincial Judges Reference of 1997 confirmed that judicial financial security is constitutionally protected. Federal judges enjoy judicial independence including security of tenure, financial security, and administrative independence (the Reference re Remuneration of Provincial Court Judges, 1997). Provincial courts have parallel processes for their provincially appointed judges, with judicial appointment advisory committees in each province.