Canadian Bar Association Research Articles

A Symposium on the Appointment, Discipline and Removal of Judges

Members of panel at the Annual Meeting of the Canadian Bar Association, 1971, suggest and analyze possible methods of improving the present process of selection and appointment as well as the disciplining and removal of judges. The Chairman, Mr. D. C. McDonald, outlines proposal for system of judicial appointments as suggested by Professor E. A. Tollefson in recent article. From Professor Tollefson's proposal Mr. McDonald extracts several "possibilities" including an intensive training course for judges upon their appointment, periodic refresher courses for all judges and the extension and upgrading of the "research staffs" available to the courts. The Chairman goes on to compare and contrast the disciplinary provisions that are applicable to Supreme, District and Provincial Court judges. Panel member G. M. Stirling, Q.C., who has served on the National Committee on the Judiciary of the Cana dian Bar Association, describes its function and method of operation and concludes that it is only first step in the process towards an improved method of selecting the most competent and highly qualified judges. Mr. Stirling suggests that modified form of the "Missouri plan" could be followed in Canada. The plan would involve the setting up in every province of standing independent commission "which would screen all qualified and available lawyers in the province and submit limited number of names to the Minister of Justice" from which the Minister would make his selection. Panel member, W. H. Hurlburt, Q.C., also endorses an "appropriate adapta tion" of the Missouri plan and goes on to suggest how the nominating commission might be constituted. With regard to the removal and disciplining of judges, Mr. Hurlburt approves of the concept of Judicial Council as set up by an amendment to the Judges Act (S.C. 1970-71-72 c. 55) but suggests that if the Council is to operate efficiently it must have an office and admin istrative staff. Panel member F. C. Muldoon, Q.C., submits that al

Appointment of Judges

Mr. Hurlburt recognizes that our system of judicial appointment is open to public criticism in that even well-disposed persons infer that partisan political factors are considered to play the predominant role in appointments. He analyzes the Canadian Bar Association proposal and after concluding that it is unsatisfactory, proceeds to put forth and defend, a viable remedy based on the Canadian Judicature Society Plan.

An Address by the Honourable Mr. Justice I. C. Rand to the Alberta Section of the Canadian Bar Association

An Address by the Honourable Mr. Justice I. C. Rand to the Alberta Section of the Canadian Bar Association

Canadian Bar Association Essay Competition

Canadian Bar Association Essay Competition

Reviews of Books

Book reviewed in this article:New Horizons in Criminology. By Harry Elmer Barnes and Negley K. Teeters, Temple University, Philadelphia.Handbook of American Institutions for Delinquent Juveniles. Vol. IVCriminal Careers in Retrospect. By Sheldon and Eleanor Glueck.Mental Abnormality and Crime. Introductory Essays by R. N. Craig, W. N. East, R. D. Gillespie, E. Glover, D. K. Henderson, E. O. Lewis, D. R. MacCalman, A MacNiven, E. Miller, J. D. W. Pearce, J. R. Rees, G. de M. Rudolf, and G. M. Scott. Volume 2 of English Studies in Criminal Science, edited by L. Radzinowicz and J. W. C. Turner.The Modern Prison System of India. By Lieut.‐Col. F. A. Barker, C.I.E.,. M.D. Vol. 3 of The English Studies in Criminal Science, edited by Leon Radzinowicz and J. W. C. Turner.World Penal Systems: A Survey. By Negley K. Teeters.English Courts of Law. By H. G. Hanbury, D.C.L.Without My Wig. By Judge Sir Thomas Artemus Jones.Punitive Detention. By J. H. Bagot, M.A. An Enquiry into the result of treatment, under Section 54 of the Children and Young Persons Act, 1933, of juvenile delinquents in Liverpool during the years 1940–1942.The Development of the German Penal System, 1920–1932. By Dr. Max Grünhut, formerly Professor of Law in the University of Bonn.Diagnosis and Treatment of Delinquency. Edward Glover, M.D. Institute for the Scientific Treatment of Delinquency.Psychoanalysis and Crime. Major S. H. Foulkes, M.D., with Preface by Prof. Cyril Burt The Canadian Bar Association. 1944. 2/‐.The Modern Treatment of Young Delinquents in England. Helen R. E. Green, B.A., Higher Dip. Educ. (Hons.), Trinity College, Dublin.Q Camps for Boys. An Outline of Principles and Methods compiled by the Q Camps Committee. 9d.

Psycho-Analysis and Crime. By MajorS. H. Foulkes, M.D. Canadian Bar Association.

Psycho-Analysis and Crime. By MajorS. H. Foulkes, M.D. Canadian Bar Association.

VI.—NEW BOOKS

Journal Article VI.—NEW BOOKS Get access A Study on Punishment (English Studies in Criminal Science, Pamphlet Series). 1. Introductory Essay. By L. RADZINOWICE and J. W. C. TURNER. 2. Punishment as Viewed by the Philosopher. By A. C. EWING. Toronto: Canadian Bar Association; Cambridge: The Squire Law Library, 1943. Pp. 32. 2s. D. DAICHES RAPHAEL D. DAICHES RAPHAEL Search for other works by this author on: Oxford Academic Google Scholar Mind, Volume LIII, Issue 209, January 1944, Pages 87–88, https://doi.org/10.1093/mind/LIII.209.87 Published: 01 January 1944

The Canadian Bar Association

The Canadian Bar Association