Resumen de Judicial Justices of the Peace and Judicial Independence in Canada

Fabien Gélinas, Jonathan Brosseau

• Today, a variety of legal and political safeguards serve as strong barriers to improper influences on the judiciary in Canada. However, the application ofthe principle ofiudicial independence to judicial justices of the peace remains largely unexplored. The lack of comparative data on the situation of ffPs likely explains this gap in the literature.

  To begin to fil this gap, this paper presents a pan-Canadian study of such justices in Canada and describes how judicial independence extends to them. It then raises questions about the current status and place offfPs in light of the components of judicial independence defined in the recent decisions of the Supreme Court of Canada.

  First, the analysis shows that all provinces and territories should establish independent compensation mechanisms to enhance the financial security ofjudicial justices ofthe peace. Second, the security of tenure of ffPs seems to comply broadly with the components of judicial independence, though changes could be brought in the years to come in order to improve the protection of the office and strengthen public confidence in the administration of justice.