Chapter 3 The Canadian Judicial Councils (elusive) quest for legitimacy
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This chapter focuses on the history of the complaints and discipline process in Canada and how public confidence in this system has increased and decreased over the years. It discusses the origins of the Canadian Judicial Council as a response to a “crisis of legitimacy” and the Council’s focus on judicial independence as a result of that crisis. The chapter also reviews the complaints and discipline process, including several reform measures, and outlines how the Council’s failure to calibrate the norms of reasoned justification, fair participation, impartiality, independence, transparency, accountability, representation, and efficiency has become apparent over the last decade.

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