National Plan for Intersectional Judicial Demographic Data Analysis and Reporting

WHEREAS the Office of the Commissioner for Federal Judicial Affairs Canada collects and publicly reports on self-identification data of judges and judicial applicants in Canada;

WHEREAS this publicly available data does not report on the intersectionality between indigeneity, race, ethnicity, disability, gender, gender expression or sexual orientation of judges and judicial applicants;

WHEREAS legal theorists including Professor Kimberlé Crenshaw have developed a body of academic literature on how single-axis framework analyses of gender and racial discrimination leads to the marginalization of BIPOC women who face unique intersectional challenges;

WHEREAS the mutually amplifying effects of living with multiple grounds of discrimination can create unique systemic barriers to access to justice which can be tracked and rectified only if the scale of the challenge is understood;

BE IT RESOLVED THAT the Canadian Bar Association convene the relevant stakeholders to review the Office of the Commissioner for Federal Judicial Affairs Canada’s self-identification data and discuss options to enhance the collection, analysis and reporting of intersectional data.

Moved by Judicial Issues Subcommittee and Equality Subcommittee

Download the Resolution