Shouldn’t the bench be a mirror? The diversity of the Canadian judiciary

This paper assesses the diversity of the judiciary in Canada’s most diverse urban centres of Toronto, Vancouver and Montreal, and it measures the gap between the demographic composition of the judiciary and the population that it serves. The paper then considers the factors that contribute to and perpetuate the homogeneity of Canadian courts, and it addresses the arguments that an identity-conscious appointment process could compromise meritocracy, or that it would challenge the presumed objectivity of judicial decision-making. We argue that reliable public data on the composition of the bench and a clear government vision and strategy are crucial for the administration of justice in Canadian courts.