Canada is facing a significant shortage of judges, which is impacting the efficiency of its superior courts and the Federal Court. Many of these courts are not operating at full capacity due to numerous vacancies. The Federal Court, for instance, experienced a sixfold increase in immigration filings last year compared to 2015. The Ontario Court of Appeal is also struggling with delays.

Despite a large pool of qualified candidates eager for judicial appointments, the process is hindered by the government's focus on diversity in judicial appointments. Critics argue that this emphasis on diversity over merit is exacerbating the backlog in the courts. Criminal trials are being delayed, civil litigants are left waiting for decisions, and asylum seekers are experiencing prolonged legal battles.

The Liberal government has implemented diversity mandates since 2016, aiming to create a judiciary that reflects the demographics of Canadian society. This initiative involved restructuring advisory committees that evaluate candidates for superior court positions. The new committees were instructed to consider diversity as a key factor in their assessments.

As a result, the selection process has become more complex. Candidates are now required to complete questionnaires that seek to identify their alignment with the government's diversity goals. This has raised concerns about whether qualified candidates are being overlooked due to their responses. Alberta Chief Justice Ritu Khullar, who identifies as a diverse candidate, has expressed her belief in a more unified Canadian identity, stating, "my parents raised us to be ‘Canadian; full stop.’ That is how I view myself."

The focus on diversity has led to a perception that some judicial positions may remain unfilled until a sufficient number of diverse candidates can be appointed. Critics argue that this approach compromises the quality of judicial appointments. For example, Justice Shaun Nakatsuru, who was appointed to Ontario's superior court in 2017, was recognized for his empathetic rulings but faced scrutiny regarding his decision-making in cases involving repeat offenders.

The implications of this judicial shortage extend beyond immediate court delays. Appointees to superior courts often become candidates for higher positions, including the Supreme Court of Canada and other prestigious roles. Provinces are encouraged to advocate for a more streamlined judicial appointment process, which could involve reducing the emphasis on diversity in favor of prioritizing qualifications and experience.

As the situation continues, provinces may publicly challenge the federal government's approach, arguing that the focus on demographic representation is hindering the administration of justice. The outcome of these discussions could significantly impact the future of Canada's judicial system and its ability to effectively serve the public.