Who Chooses Canada’s Supreme Court Judges?

August 15, 2026

When Prime Minister Mark Carney recently announced the names of 8 Canadians appointed to an advisory board for the Supreme Court of Canada, most headlines zeroed in on who they were. 

A former Chief Justice of Nova Scotia. An Indigenous law professor from Ottawa. A New Brunswick litigator. A law school dean from Calgary.

Impressive names. But buried underneath all of them was a question not many asked: How does the SCC selection process actually work?

If you can’t answer that, you’re in good company. Most Canadians can’t, either. Yet, these judges shape constitutional rights, criminal law, Indigenous rights, government powers, and countless other issues for decades.

Arguably, these are the most consequential appointments in Canadian public life. They just happen to be the ones we talk about the least.

How Supreme Court Appointments Worked Before 2016

Before 2016, appointments to the SCC were made through a largely confidential process led by the federal government. When a vacancy arose, the Prime Minister and Minister of Justice would consult with chief justices, attorneys general, legal organizations, and other members of the legal community to identify potential candidates.

Unlike the current system, there was no public application process and no independent advisory board responsible for reviewing applicants. The criteria used to assess candidates were not publicly articulated, and the names of individuals under consideration were generally not disclosed.

Although the process regularly produced highly respected judges, it attracted criticism for its lack of transparency. Because deliberations occurred behind closed doors, the public had little insight into how candidates were evaluated or why a particular nominee was ultimately selected. 

The final decision rested with the Prime Minister, who chose from candidates identified through the consultation process.

The 2016 Reform: Enter the Advisory Board

In 2016, the federal government under Prime Minister Justin Trudeau introduced the Independent Advisory Board for Supreme Court of Canada Judicial Appointments. 

The goal was to increase:

  • Transparency

  • Merit-based selection

  • Diversity

  • Public confidence in the Court  

For the first time, qualified lawyers and judges could apply through a formal process rather than relying solely on private consultations. 

 

Step 1: A Vacancy Occurs

A seat becomes available when a judge retires, resigns, or reaches the mandatory retirement age of 75.  

Step 2: Applications Are Reviewed

An independent advisory board reviews applications from eligible candidates, including judges and experienced lawyers. Candidates are assessed on factors such as:

  • Legal expertise

  • Judgment

  • Integrity

  • Bilingualism

  • Professional excellence  

Step 3: A Shortlist Is Created

The board identifies the strongest candidates and sends a shortlist to the federal government.  

Step 4: The Prime Minister Makes the Choice

The advisory board does not appoint judges. Its role is to screen applicants and recommend candidates. The final decision still belongs to the Prime Minister, who selects a nominee from the shortlist.  

Step 5: Formal Appointment

The Governor General officially appoints the judge on the advice of the federal Cabinet.  

Is It Like the United States?

Not even close.

In Canada, Parliament and the Senate do not vote on Supreme Court nominees. Once the advisory board reviews applications and provides its recommendations, the Prime Minister selects a nominee for appointment.


Recent nominees have participated in public question-and-answer sessions with parliamentarians, but these sessions are informational only and do not determine whether the nominee is appointed.


By contrast, U.S. Supreme Court nominees must appear before the Senate Judiciary Committee and ultimately be confirmed by a vote of the Senate before taking office.

Conclusion

SCC appointments rarely generate the same attention as elections or political scandals. Yet few government decisions have a longer-lasting impact.

Understanding who selects those judges and the process is essential for anyone. Because while Canadians often know the names of prime ministers and premiers, far fewer understand how the people interpreting the Constitution get their jobs in the first place.