Backgrounder

Additional Judges for Provincial Superior Courts and the Specific Claims Tribunal

This Bill amends paragraph 24(3)(b) of the Judges Act to create the authority to appoint twenty (20) new judges to the provincial and territorial superior trial courts. The Bill will allow the Federal Government to achieve two important objectives. First, it provides for the allocation of new judges among superior trial courts across Canada to respond to a clear and pressing need to address backlogs and delays in these courts. Secondly, the Bill will allow for the assignment of superior court judges to the new Specific Claims Tribunal.  Bill C-30, the Specific Claims Tribunal Act Bill, was introduced on November 27, 2007, by the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, and received Royal Assent on June 18, 2008.

Addressing existing pressures in provincial superior courts

To support their requests for additional superior court judges, provincial and territorial governments have provided the federal government with detailed proposals containing statistical data and information on relevant geographical and cultural factors that impact judicial resource needs. The federal government’s analysis of this information supports the provincial and territorial governments’ claims that there has been a significant increase in superior court workload and that the workload surpasses the current capacity of these courts.
In particular, superior courts in Ontario, Quebec, Newfoundland and Labrador, Nova Scotia, New Brunswick and Nunavut are experiencing serious and growing backlogs and delays. Nunavut faces severe challenges in providing access to justice for its aboriginal communities. The remaining provinces are experiencing significant strains, particularly in the family branches of their courts, as a result of population growth and the impact of enhanced child protection laws.

Ensuring effective functioning of the Specific Claims Tribunal

The Specific Claims Tribunal is a key part of Canada’s decisive new approach to improve and speed up the resolution of specific claims across the country.  The Tribunal will have the authority to make binding decisions where specific claims brought forward by First Nations are rejected for negotiation, or where negotiations fail.  Based on the federal government’s analysis of the specific claims workload, it is estimated the new Tribunal will require the equivalent of six full-time judges to manage approximately 40 claims per year. Tribunal members are to be appointed from among the judges of the superior courts.

Improved access to justice

There is currently no authority under the Judges Act to appoint new judges to any of the provincial superior trial courts. The amendment will provide the government with the flexibility to:

• respond to objectively substantiated requests for new provincial superior trial court judges; and
• address the new demands of the Specific Claims Tribunal.

Final decisions regarding the allocation of these judges will be made following consultations with the provincial and territorial governments and the Chief Justices of their superior trial courts.

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Department of Justice Canada
June 2008