The Department of Justice of Canada has announced two Memoranda of Understanding (MOUs) between the Department of Justice and the Canadian Judicial Council (CJC). The MOUs are aimed at “strengthening judicial independence” and “increasing public confidence in the justice system”. The MOU on judicial independence acknowledges the CJC’s autonomy in fulfilling its mandate to serve the public. The MOU on judicial education confirms how the federal government and the CJC engage on matters of judicial education while respecting constitutional boundaries. The MOUs were signed by the Right Honourable Richard Wagner, the Chief Justice of Canada and the Honourable David Lametti, the Minister of Justice.
The April 28, 2022 press release on the two Memoranda of Understanding, as well as links to additional information, is available in English here: https://www.canada.ca/en/department-justice/news/2022/04/strengthening-judicial-independence-and-increasing-public-confidence-in-the-justice-system-chief-justice-of-canada-and-minister-of-justice-sign-two.html.
The press release is available in French here: https://www.canada.ca/fr/ministere-justice/nouvelles/2022/04/renforcer-lindependance-judiciaire-et-accroitre-la-confiance-du-public-envers-le-systeme-de-justice-le-juge-en-chef-du-canada-et-le-ministre-de-la-.html.
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I don’t recall previously hearing the term “memoranda” used in any reporting about relations between the judiciary and the government. Someone else asked me about this and I suggested in reply that this looks to me like “whistling past the graveyard”. I believe what they are afraid of includes what is happening to a certain Bill C-9, which is not mentioned in the DoJ’s news release of April 28 but is mentioned in the CJC’s press release of the same date – https://cjc-ccm.ca/en/news/canadian-judicial-council-reports-its-semi-annual-spring-meeting.
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