Learn about the path of how to become a judge in Canada, the qualifications under the law, and the process of application in case of vacancies
Update: July 4, 2024
At some point, or while you were thinking of studying law, you may also think about pushing it further by dreaming of becoming a judge. Whether you’re a budding law student, or a promising lawyer, this article will discuss the steps on how to become a judge in Canada.
Here is a list of all the steps needed to become a judge in Canada:
They are outlined below in greater detail:
The first step on how to become a judge in Canada is to become a lawyer first. There are several requirements to consider, and studying to become a lawyer in Canada could take 8 to 9 years.
Here’s an overview of how to become a lawyer in Canada:
Before you can enroll for Juris Doctor program, a bachelor’s or undergraduate degree is required. Although law schools may differ on their required number of years for this, a 4-year course would be a safer option. There’s also no specific undergraduate course needed for almost all law schools.
Check with the school of law you want to enroll in regarding their LSAT requirements. Some would require you to take the LSAT in a specific period before 1L admission, and even set a minimum LSAT score to be admitted.
While not all law schools would require the LSAT, some would still consider it when they’re reviewing your records.
The 1L to 3L would be a mix of classroom and simulation, while the fourth year would be dedicated to your articling or law practice program. After these, you would now prepare to take the bar exams, and hopefully pass it to become licensed to practice law in your province or territory.
Congratulations, you’re now admitted to the bar! But this is just the first step on how to become a judge, but years’ worth of study has now prepared you for what is to come.
For more details on becoming a lawyer, read our article on studying law in Canada.
When it’s time to gain some work experience, visit our guide on finding a job as a lawyer.
Photos from the Toronto June 27 Call to the Bar ceremonies are now up on Facebook.
— Law Society of Ontario (@LawSocietyLSO) June 28, 2024
Morning photos: https://t.co/zUAAiR2Aku
Afternoon photos: https://t.co/QhbJSeaB3P pic.twitter.com/erFsOPnHae
Aside from being a lawyer in good standing, the law and government regulations state the necessary qualifications before one can be appointed as a judge in Canada. This will also depend on which court level you will be trying to apply for.
Even if you’ve reached the minimum qualifications to become a judge, it’s not a given that you’ll be appointed. Aside from having stiff competition with other applicant lawyers, the experiences that each has would also be heavily considered by the appointing bodies.
Each province and territory in Canada has its own law when it comes to appointing judges in their own courts. These laws also provide for the qualifications when choosing judges. Some examples of these laws are:
In most cases, the qualifications to become a judge in a provincial or territorial court would be the same across the different provinces or territories. Under these laws, the main qualification would be the number of years a candidate has become a lawyer or has exercised their profession. The wordings of some of these laws will differ.
In Ontario, an applicant must have been a member of the bar of one of the provinces or territories of Canada for at least (or for a total of) 10 years.
In Québec, only lawyers or notaries who have practiced for at least 10 years can be appointed as judges. The same number of years also applies to British Columbia provincial courts.
The different judicial councils, which are part of appointing provincial or territorial judges, may recommend additional qualifications on how to become a judge.
Ontario’s Judicial Appointments Advisory Committee (JAAC) says that applicants must:
The JAAC also says that experience outside the courtroom is also considered, such as work with administrative tribunals, academia, and in the field of social policy.
On the other hand, the Judicial Council of BC’s criteria and competencies for appointing provincial court judges say that an applicant must have:
If you want to become a judge someday, you would also have to consider the statutory requirements, plus the other qualifications prescribed by these judicial councils. It’s also educational to observe the appointments of other judges, to see how the whole process works and the qualities that are of utmost importance during selection.
As for the judges in the superior courts, it would be the federal government that will appoint judges, although it’s the provinces and territories which administer superior courts. It is also the federal government which will appoint judges in the Supreme Court of Canada.
The governing law for the appointment of judges in the superior courts is the federal Judges Act. It says that to become judge in a superior court, candidates must:
If you want to take it a little further, you may dream of becoming one of the judges in the Supreme Court. The qualifications on how to become a judge of the highest court in the country are set in the federal Supreme Court Act. But aside from what is provided in the Act, there are also other qualifications that you must meet if you want to become a Supreme Court judge.
To be appointed as a Supreme Court judge, you must:
The Act also says that out of the nine judges of the Supreme Court, at least three must be from Québec. Once appointed, a judge of the Supreme Court shall serve office during good behaviour. Their office will end:
A candidate for Supreme Court judge will undergo an assessment composed of individual and institutional criteria. As one of the most important institutions of justice in the country, screening for the next Supreme Court judge when a vacancy occurs is rigorous.
In this video, find out what it takes to be a judge at the Supreme Court of Canada straight from the justices themselves:
Being a top Canadian lawyer wouldn’t hurt your dreams of becoming a judge someday. Check out our Special Reports page to see the best firms and lawyers in Canada, according to each practice area.
The last step on how to become a judge is to apply whenever there’s a call or vacancy on the bench. These are announced by your judicial councils, such as on their official websites or through the courts. Sometimes, news also comes from some of your peers and colleagues.
For appointment of judges in provincial and territorial courts, the judicial council acts on any vacancy. The process is done along with the Lieutenant Governor in Council and the Attorney General.
Here’s a sample process for the appointment of provincial judges in Ontario, according to its Courts of Justice Act and the JAAC:
In some cases, the law societies of each province and territory would also be involved in some capacity. Law societies are tasked to determine any ethical or legal issues that may bar the candidate from being appointed as a judge.
For instance, in BC, a professional record review from the Law Society of BC would be conducted as part of the Judicial Council of BC’s process. Even the BC Branch of the Canadian Bar Association may be asked by BC’s judicial council to investigate the applicant.
In Ontario, applicants with errors and omissions claims or complaints on file with any law society will not be considered, until these claims have been cleared. However, the judicial council may disregard a claim or complaint if it’s frivolous or lacking in foundation.
As for the vacancies of superior court judges under the Judges Act and other guidelines, here’s a summarized process of their judicial appointment:
New rules for application provide that it must contain the following forms prescribed by the Office of the Commissioner for Federal Judicial Affairs Canada:
It’s advised that only when you’ve considered the changes to your personal life – aside from career changes – should you apply to become a judge. This is part of the guide to candidates for judicial appointments to help future appointees adjust to their new role.
If you’re aiming for the bench, these steps of how to become a judge can give you an idea of how your career should progress over the years. As judicial wisdom tells us, there’s no fixed rule on becoming a judge, but independence, impartiality, and a strong legal will set you apart from the others.
For more resources to help you in any of these steps on how to become a judge, such as articles about law schools and students, check out our Legal Education page.
