The Difference Between a Judge and a Justice of the Peace
The Ontario courts are governed by specific rules and legislation to maintain order and fairness throughout each case. Judges and Justices of the Peace are put in place to ensure legislation and procedural fairness is adhered to at each stage. The terms “judge” and “justice of the peace” are often used interchangeably however, there are clear distinctions that set these two titles apart. It is important to understand the similarities and differences between these two roles because it can help you determine the scope of their powers. Read on to learn more about the differences between a judge and a justice of the peace (“JP”).
What is a Judge?
A judge is an individual who presides over a court of law. Judges can be either full-time or part-time and they can be appointed to any level of court in Ontario. Judges have the responsibility to oversee trials and make decisions regarding sentencing, bail, and other legal matters. Judges typically work within three different jurisdictions which include criminal and youth criminal justice cases, certain family law cases, and offences under provincial statutes. However, most provincial offence matters are heard by a JP. Judges are also able to uphold laws or strike them down as unconstitutional.
Provincially-appointed judges generally do not hear cases that involve litigation between private parties. This is usually reserved for federally-appointed judges. Federally-appointed judges commonly hear cases that are heavier in legal weight, like more serious criminal cases. Alongside civil litigation disputes, federally-appointed judges also typically preside over commercial disputes and matters involving administrative law with federal institutions.
How is a Judge Appointed?
In Ontario, judges are appointed by the provincial government. More specifically, the Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint provincial judges. There are many qualifications that one must meet to become a judge in Ontario. One must have been a practicing lawyer for at least 10 years and have been called to the bar for at least 10 years as well as also completed any other requirements set out by the Provincial Appointments Advisory Committee (PAAC).
What is a Justice of the Peace?
A JP is a judicial officer and is typically who the general public encounters from start to finish during their legal matter. They preside over more than 90% of cases that involve provincial offences, but also preside over matters in small claims court and can conduct marriage ceremonies. The two main areas of jurisdiction a JP operates in are criminal law and provincial offences. A JP is an independent officer of the court who has the power to also administer oaths, take affidavits, and certify documents.
How is a Justice of the Peace Appointed?
Unlike a judge, a JP does not have to have been a lawyer in order to be appointed. They are appointed by the Lieutenant Governor-in-Council on the recommendation of the Attorney General, who may appoint full-time JPs. To be eligible to become a JP, one must have performed paid or volunteer work equaling at least 10 years of full-time experience and must also meet the educational requirement of having at least a degree, a diploma/advanced diploma, a degree from an authorized institution other than a university or completed an equivalency program/requirement.
Supreme Court of Canada Judges
The Supreme Court of Canada (“SCC”) is the highest level of court in the judicial system of Canada. This court is considered the last resort and option for all legal matters (provincial and federal) in Canada. The SCC has the final judicial say on any legal or social issues and questions. The decision of the SCC is binding and there is no further option to appeal unless there is a new statute or legislative action to be taken.
The SCC consists of nine judges including a chief justice, referred to as the Chief Justice of Canada. The SCC judges are appointed by the Governor in Council and in order to be eligible for such appointment, they must have either been a judge of a superior court or a member of the bar of a province or territory for a least ten years.
An individual that is a SCC judge is not allowed to hold any other remunerative office position or engage in any business enterprise. Moreover, a SCC judge holds office (with good behaviour) until they retire or reach age 75. However, they can be removed for misconduct or incapacity before said time by the Governor General via direction from the Senate and House of Commons.
Currently, the Supreme Court of Canada consists of:
The Right Honourable Richard Wagner (The Chief Justice of Canada)
The Honourable Andromache Karakatsanis
The Honourable Suzanne Côté
The Honourable Russell Brown
The Honourable Malcolm Rowe
The Honourable Sheilah L. Martin
The Honourable Nicholas Kasirer
The Honourable Mahmud Jamal
The Honourable Michelle O’Bonsawin
In all, JPs, judges, and SCC judges each hold very important and distinct powers within the court of law. It is important to understand which areas of law they have jurisdiction over and how this affects the powers they have. An individual that has any one of these positions is extremely reputable and requires true dedication to the law. This is why each position calls for an extensive amount of experience.
For more information, visit the reference sites noted below.
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