Filling judicial vacancies and strengthening judicial institutions

As of today, there are just 31 vacancies across federally appointed benches in Canada.

Speaking at the Canadian Bar Association’s 2025 Annual General Meeting in Toronto, federal Justice Minister Arif Virani told members that the number is much lower than in the last few years. In early 2023, there were 92 vacancies. He said he’s achieved the fastest rate of judicial appointments of any justice minister in this country’s history.

“Since becoming justice minister 19 months ago, I’ve appointed 202 judges to Superior and appellant courts across Canada. The previous government's record was to appoint approximately 65 judges per year. In my first year, I appointed 137.”

Virani said addressing the issue remains one of his top priorities. It has caused widespread concern in recent years. In a letter to Prime Minister Justin Trudeau in 2023, the CBA and its Judicial Issues Subcommittee noted that some courts in Canada were operating with as much as 10 to 15 percent of their judicial positions vacant. That’s seen many criminal cases tossed due to delays and created a backlog of civil cases.

Virani told those gathered he’s proud of the “brilliant legal minds and brilliant legal leaders” who are now on the bench. Of the 202 judges he’s appointed, half are women and 48 are racialized individuals. The number of Indigenous appointments has increased nearly five-fold.

“Canadians can see themselves reflected on the highest courts of this country. That has a direct impact on strengthening their confidence in our courts and the administration of justice in Canada,” the minister said, pointing to the Supreme Court of Canada, which has its first Indigenous judge and first radicalized judge.

He added that with the appointment of Justice Marie Moreau in 2023, the court’s majority is now comprised of women for the first time in Canadian history.

“That is something no other G7 country can boast."

Virani thanked CBA members for their nominations to judicial advisory committees, which screen applications for the bench. He also had a simple message for members considering a position on the bench: Apply.

“You are the bench of tomorrow.”

At a time when some here at home and abroad seek to undermine confidence in the courts and judicial institutions, and when some of the values that lawyers and Canadians hold dear are under threat, the minister also urged members to remain vigilant.

“I’m appealing to you as colleagues in the practice of our profession,” he said.

“The rule of law is a precious entity. Our adherence to it is why Canada is considered one of the best places in the world. The rights and freedoms we have under the Charter are just as precious. We need to protect them and stand up for each other, especially the most vulnerable in society.”

For that reason, Virani said the federal government will intervene when the Supreme Court hears a challenge to Quebec’s Bill 21.

He said the legal profession has repeatedly stepped up during some of the most challenging times in history.

“You, as lawyers, are on the front lines in the fight for human rights, for dignity, for equality, and you are the people that hold governments to account. The need for that work is more important than ever.”

Supreme Court Chief Justice Richard Wagner also addressed the role of the Court and the legal profession in strengthening judicial institutions.

Speaking via teleconference from Victoria, where the Court is sitting as part of its 150th anniversary year, he noted that anniversaries are a time to reflect on challenges and opportunities.

“Public trust is the foundation of our work. Without it, the judiciary cannot fulfil its role,” he said.

He reminded CBA members that they have a key role to play as members of the legal profession.

“You are the architects of the bridge that connects the public with the justice system.”

Noting that the overall wellness of judges also serves the judicial system, Chief Justice Wagner saluted the ground-breaking work by the CBA and its partners in understanding mental health in the legal profession.

“This inspired the CJC (Canadian Judicial Council) to launch a study of its own on the wellness of judges. The results will provide valuable insights that will inform future initiatives,” he said.

CBA President Lynne Vicars told attendees that given the current political context, it’s more important than ever to work on reinforcing trust in our institutions of justice.

“In the face of these challenges, the CBA stands as a unifying force, a source of talent and new ideas, and an essential advocate for the legal community and the principles we all cherish,” she said.

Vicars pointed out that courts cannot do their work if they lack the necessary resources. That’s why it’s crucial for members of the profession to continue reminding our representatives and the public that our justice system exists to safeguard fairness and equity for everyone.

CBA Vice-President Bianca Kratt, K.C., announced that Loreley Chekay, K.C., the board member for Saskatchewan, has been elected as the 2025-2026 vice-president. She is executive vice-president and general counsel with Saskatchewan Government Insurance, specializing in advising on risk, good governance and the integration of legal principles within business areas.

A long-time member of the CBA, Chekay has served as president of the Saskatchewan branch and has been active in several Saskatchewan and national sections. She currently chairs the CBA Finance Committee.