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Nova Scotia professor emeritus of law talks gender parity in the courts

HALIFAX, N.S. — It was a big announcement last week that got very little mainstream news coverage. Nova Scotia appointed four new provincial court judges to the bench on one day, which isn’t usual. And the fact they are all women is another part of the story that was something of note. But outside of the provincial government website, there were few news stories about it. And maybe that’s the way it should be in 2023.Four judges were appointed to provincial court in Nova Scotia, effective Feb.

At the end there is a retirement age suggested. There’s normal retirement age, but judges can go into what's called a supernumerary status in the sort of post retire mode. So that can last for a while as well.

So there is quite a lot more diversity and more sort of a range of opinions than used to be. The case where it used to be all pretty well within the political domain, not like the U.S., where it's so clearly political and they don't even attempt to hide that in any way. But historically, appointments in Canada and Nova Scotia as well used to be quite political, that if you weren't fairly well connected to the party in power, you weren't going to be appointed as a judge.

And that was announced. Well, that would never be a point of political comment in Canada, whether or not a judge did or did not attend. And in fact, if they did attend, we'd almost be somewhat suspicious that that was a little too political for a judge to be doing. But in the U.S., they make a deal of saying he did not attend. It was quite interesting.And for folks who may have a cursory knowledge, we're talking provincial court judges.

One that struck me as interesting was that they should not have a a noticeable tendency toward pomposity or authoritarian tendencies. Right in the criteria, which is rather interesting. And on the more positive side of that, that one of the personal characteristics that they looked at was politeness and respecting other people. When you think about that, it kind of makes sense, but we don't necessarily think about those criteria.

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