The only exposure many Canadians will have to a criminal court is in their living room. Having watched Law and Order or some other American courtroom drama, some Canadians mistakenly expect the terms, institutions and procedures of the American system to be the same in the Canadian system.

The Canadian judicial system is a unified system. That means all courts are part of the same system. The Supreme Court of Canada has final authority throughout Canada. On the other hand, the U.S. has two parallel and sovereign judicial systems. The U.S. federal justice system applies federal law, while the state systems are sovereign over the interpretation of state law.

In Canada, judges are appointed by the government. In many American jurisdictions, judges are elected. In some cases, the elections are partisan, where the nominee is affiliated and supported by a political party. Others are not.

Each state court system has different rules for the process of electing judges as well. In California, for instance, any qualified lawyer can run for judicial office at election time. The process is non-partisan.

If a vacancy arises between elections, the governor appoints the judge. Eventually, the public has an opportunity to decide whether the judge remains on the Bench or not. For municipal and superior court judges, it is after six years; for Supreme and Appeal Courts, it is after 12 years. By this time, the judge has had an opportunity to rule on cases and demonstrate his or her judgment.

While the election of judges keeps the administration of justice consistent with prevailing social ideals, this system comes with many problems.

Judicial independence is a prerequisite to justice because it ensures that elected officials cannot impose their political will on the courts’ determination of guilt or innocence in a trial. This can be compromised if the desire of a judge to get re-elected prevails over his or her duty to make unpopular decisions, or to favour a person who is from the judge’s jurisdiction, such as a voter, over someone who is from elsewhere.

Furthermore, the prestige of becoming a judge can lead to a situation where, for instance, an election has 100 nominees vying for 40 judicial seats. In a case like this, a voter would have a very difficult, or impossible, task choosing the best person for such an important position.

While the election of judges in the U.S. may compromise judicial independence to some degree, federal judges in the U.S. enjoy lifetime tenure.

This article is part of the Government of Alberta’s commitment to help inform Albertans about the justice system. For further information visit http://www.gov.ab.ca/, or contact us for more information by phone (780) 427-8530 (dial 310-0000 toll free anywhere in Alberta), or by e-mail at PLE.Coordinator@gov.ab.ca.