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Canada is a federation composed of a federal (central) government and of 10 provinces and 3 territories. There are two levels of courts in each province or territory (except Nunavut): superior (upper level) courts appointed by the federal government, and a provincial or territorial court appointed by the province or territory. Judicial appointments to the superior courts (trial or appellate) in each province or territory are made by the Governor General on the advice of the federal cabinet. Appointments to other superior courts which have jurisdiction for all Canada—the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, and to the Supreme Court of Canada which is the final court of appeal from all Canadian courts—are also made by the Governor General on the recommendation of the federal cabinet. Appointments to the provincial court in each province are made by the Lieutenant Governor of the province on the recommendation of the provincial government. ==Superior courts in each province or territory== Candidates for these courts are screened by a judicial advisory committee established for each province or territory; Ontario and Quebec have three and two committees, respectively, due to their larger population. Each committee is composed of representatives of the federal and provincial (or territorial) governments, the provincial (or territorial) law society, the Canadian Bar Association, the judiciary, and the general public. In 2006, the federal government added a representative of the police to the committees. Lawyers who meet the legal and constitutional requirements can apply, as well as existing provincial or territorial court judges. These candidates must complete a comprehensive Personal History Form, which is submitted to the appropriate advisory committee. In its assessment of each candidate, the committee reviews the PHF and consults references and other persons both in and outside the legal realm. The candidate's fitness for the bench is assessed by reference to published criteria. If it wishes, the committee can also interview the candidate. Following its review, the committee categorizes lawyer candidates as "Recommended" or "Unable to Recommend" for appointment, with reasons for this decision. In the case of candidates who are judges, the committee does not categorize the applicant, but instead formulates "comments" regarding the application. A list of all candidates reviewed by the committee, together with the above categorization and reasons, or "comments" in the case of judge candidates, is forwarded by the committee to the federal Minister of Justice. The Minister draws an appointment from the list of names received from the committees, and recommends that individual to the federal cabinet. Where the appointment is that of a Chief Justice or a Puisne Justice, the recommendation to cabinet is made by the Prime Minister of Canada. "Elevation," or the appointment of a superior court judge already in office to another superior court (usually an appellate court), is not subject to the above application and assessment procedures. These appointments are effected through a recommendation to cabinet by the Minister of Justice (or Prime Minister) following consultations undertaken by the Minister. In November 2005, a subcommittee of the Canadian parliament expressed the need for change and for more transparency in this appointment process. The subcommittee proposed that the Minister consult the Chief Justice of the court involved on the needs of the court prior to an appointment, that specific court vacancies and their requirements be advertised and that, subject to further study, advisory committees develop a short list of interviewed candidates for each vacancy. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Judicial appointments in Canada」の詳細全文を読む スポンサード リンク
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