BarTalk April 2005
Volume 17, Number 2

The process for appointment to the Provincial Court

by The Honourable Carol Baird Ellan, Chief Judge, Provincial Court of British Columbia

The Provincial Court averages seven appointments per year. Applications for appointment are received and assessed by the Judicial Council of B.C. (the “Council”).

The application process may take up to a year, so interested parties are encouraged to apply early. The Provincial Court has jurisdiction in criminal, family and youth, and small claims matters. Lawyers with 10 years at the bar (or equivalent legal experience) whether as counsel or solicitors are welcome to apply. The Council encourages applicants from all diversity groups.

The Council is a statutory body of nine members as set out in section 21 of the Provincial Court Act, chaired by the Chief Judge. The Council has established a set of criteria to assess applicants which includes: legal reputation; knowledge of provincial court law and procedure; experience in mediation or alternate dispute resolution; willingness to learn and demonstrated commitment to continuing professional education; knowledge of current issues in the justice system; effective listening and communication skills; decisiveness; evenness; fairness; open-mindedness; compassion; humility; common sense; enthusiasm; dedication to public service; appreciation of and experience with diversity; ability to co-operate and work with others; and understanding of the role of the court in society.

Application forms and more information about the appointment process may be obtained from the website (www.provincialcourt.bc.ca/judicialcouncil) or from the Office of the Chief Judge. Once the completed application is received at the Office of the Chief Judge, the Council reviews the application to decide whether a bar report will be requested from the CBA Advisory Committee to the Council. If one is requested, that committee’s chair assigns the report to a committee member who then contacts bar members for a confidential assessment of the candidate’s reputation and suitability. Those contacted may be the candidates’ references, but may also be members who are not named on the application. A CBA report summarizing the members’ views (without attribution) is provided to the Council. The Council also receives a Law Society report on the applicant’s standing, and comments from judges of all courts who are familiar with the applicant.

The Council reviews the application form, the bar report, the Law Society report and the judges’ comments with reference to the above criteria, and decides whether the applicant will be invited for an interview. It is the policy of the Council not to advise candidates when they are not approved for an interview. Generally if a year has elapsed from the date the application was submitted, an applicant may assume they will not be interviewed.

Four or five applicants are interviewed at each monthly meeting of the Council. At the interview, the Council members ask the applicant questions designed to assess his or her suitability. After the interview the Council members decide whether to approve the candidate. Approved candidates are entered onto an approved candidates list. When a judicial vacancy arises, the Chief Judge provides to the Attorney General the names of approved candidates within the preceding three years who are eligible to sit in the location where the appointment will be made. Candidates not appointed within three years of their application may reapply.

This article was published in the April 2005 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.