Careers in Justice > Judge
Profession at a Glance
Judges are in some ways the face of the justice system. We expect them to reflect the key values of this system, such as impartiality, independence and fairness.
Judges hear court cases about everything from heated arguments between neighbours, to marriages that have fallen apart and murder. It’s their job to listen and not to make up their minds until they have heard both sides of a story and can make a decision based on the facts and law. Judges are legal experts and defenders of the law. They play a central role in our democratic society.
To learn more about the work of judges, click through the tabs above.
Job Description
A judge’s work involves activities in 4 areas: hearing evidence, researching the law, deciding issues before trials and deciding cases.
Hearing Evidence
During hearings in court, judges listen to the arguments and evidence presented by the parties involved in a case. Sometimes this involves listening to the testimony of witnesses or looking at photos and other evidence that a lawyer gives to the court to support his arguments.
When listening to evidence, a judge makes sure that the proper legal rules are followed and that each side has the chance to fully present his case to the court. Part of this job includes making sure lawyers representing each side of a case treat each other with respect.
Researching the Law
Judges must be experts in various areas of the law. The types of cases they hear depends on the court they work for, but no two cases are ever the same, and the law changes frequently. A judge must continually research the law to stay up to date on new legal developments. Judges regularly take courses to discuss changes in the law and new issues they need to be aware of when deciding cases.
When it comes to making decisions about a particular case, the judge must make sure she is applying the correct law to the facts presented to her. She often has a team of legal researchers helping with background research. The judge must know what to ask researchers to look at and how to incorporate what they find into her final judgment. Usually the legal research is focused on what the law says about a certain subject, or how similar cases have been decided in the past. Both of these guide a judge in making a fair judgment in line with the law.
Deciding Issues Before Trials
It often takes many months and sometimes years for a case to get to court and for a judge to make a final decision. Sometimes before a case gets to court, there are issues that are so important they need to be decided immediately. A judge might be called on to meet with lawyers and make a decision about certain issues right away. The judge can also decide important issues during a 'pre-trial' motion (a kind of mini-hearing to decide 1 or 2 issues and not the whole case).
For example, in a criminal case, a judge might have to decide whether a person accused of a crime should be kept in prison while waiting for his trial. In a civil case, a judge might be called on to decide which spouse gets to live in the house while waiting for the divorce hearing. A judge could also be called on to stop someone from destroying evidence before a trial.
A judge’s decision on these issues is key to keeping things on track while parties wait for their case to be heard. These decisions also play a role in making sure both sides can present all of the evidence needed for a fair trial.
Deciding Cases
At the end of a hearing, a judge makes a decision about the outcome of the case. This decision must be respected. It sets out the rights and obligations of each person involved in the case. When making her decision, a judge considers all the evidence presented during the hearing, the law that applies to the case and what other judges have decided in similar cases. The judgment usually requires people involved in a case to do something, such as pay a fine, pay a debt, serve time in prison, etc. However, a judgment can also find that someone is not guilty, or not responsible for paying money to someone else.
The judge can deliver her decision orally at the end of a hearing, or later as part of a written judgment. In the time in between the end of the hearing and the release of the written judgment, the judge reflects on the issues. Sometimes she goes back and look at records of what happened in court. She then studies the law further and releases a written judgment.
Where do judges work?
Judges work in different levels of courts (municipal, provincial and federal). A judge is assigned to one court for a set period of time. Sometimes a judge will be appointed to a different court later in her career.
The type of cases a judge hears depends on which court she works in. For example, divorce cases are heard by judges in the Superior Court of Quebec. Criminal cases involving people who were young at the time the offence was committed are heard in the Youth Division of the Court of Quebec (a court that specializes in youth cases).
Judges usually have ‘’chambers’’ or offices in a courthouse. They use this space to do research on the law, keep their case files and write their judgments. Usually all of the judges of a particular court have their offices in the same building and near to each other. This is a secure place that the public does not have access to so that judges can write their decisions in private.Judges also have their own special entrance to the courtroom through a secure hallway.
Some judges also work at 'itinerant' courts, which are courts that travel to remote areas where there isn’t a courthouse. The judge flies in to this remote area to hear cases regularly to make sure the residents of that community have access to justice.
Training
There is no course you can take to become a
judge. Instead, you work for at least 10 years as a lawyer and then apply to become a judge (when a position as a judge becomes open).
Judges are named by the federal and provincial governments, which each have their own appointment processes. When a position becomes vacant in a
court, a neutral committee recommends candidates to the government.
This committee makes sure that the candidates they suggest have the professional qualifications for being a judge and the
right qualities for someone in this position. Candidates must have impeccable records as a lawyer to be considered. Since a judge is a symbol of the justice system, it’s important that she has a clean record and a good character. This is especially important since judges usually stay in the position for many years until they retire!
Useful High School CoursesThe following courses could help you prepare for a future as a judge:
- History and Citizenship Education
- Ethics and Religious Culture
- English Language Arts
- French as a Second Language
Speak to your guidance counsellor to see if there are other courses offered at your school that could help you prepare for this career.
Are you right for the job?
Thinking about a career as a judge? Check out this list of skills and learn how to develop them.
Analytical Skills
Judges must be ready to analyse and understand detailed and sometimes complicated information that is presented to them. When applying the law to a case and making
decisions they have to know and understand difficult legal concepts and be able to back up their
judgments rationally.
You have what you need to succeed if:
- You often guess the ending to a suspense movie or crime novel.
- You find it easy to understand new material at school.
- You are curious and like to work on complex problems, such as Sudoku.
To develop these skills, you can:
- Read interesting books and tell your friends about them in your own words.
- Watch informative TV shows and documentaries on a variety of subjects, such as politics, technology or sciences.
- Play games that require logic and strategy, such as chess, checkers or Risk.
Listening skills
Judges have to have impeccable listening skills. After all, listening to statements made by witnesses and lawyers’
arguments without being distracted is a large part of their job! Being a good judge demands concentration, attention and patience.
You have what you need to succeed if:
- You attentively listen to your friend’s private stories (and don’t share them with others).
- You listen to, but never interrupt, conversations between friends.
- You can easily remember the details of a story someone has told you.
To develop these skills, you can:
- Learn how to become an active listener (use techniques that help you remember what people tell you).
- Become a member of a support group to show that you can handle confidential information.
- Make a habit of mentally repeating key words when studying for exams.
Management Skills
A courtroom is a busy place, and judges must keep things in order when lawyers,
parties, witnesses,
court staff and the public are all in one place at the same time! A judge must be able to manage a court
hearing from start to finish, and command attention when needed. Judges must also sometimes direct a
jury and make sure they are given the right instructions and have the proper information to make a decision.
You have what you need to succeed if:
- You have lots of ideas for projects and are able to get people interested in these projects.
- You take initiative when working as part of a group.
- You can juggle many activities in a day and you are rarely overwhelmed by events.
To develop these skills, you can:
- Run for class president.
- Become a committee member for your school or your local youth centre.
- Become a camp counsellor, which will require you to plan the day’s activities and ensure that everyone follows the schedule.
Neutrality
Judges must be impartial; they cannot take sides and must make their decisions based on the
facts presented to them, not their personal opinions. It’s important that judges keep their personal life separate from their work so that everyone that comes before them has a fair hearing.
You have what you need to succeed if:
- You are fair-minded during an argument between two people, even if your best friend is involved.
- You help people resolve conflicts without being controlled by your emotions.
- You can find solutions to issues involving your parents and your teachers.
To develop these skills, you can:
- Put yourself in the shoes of someone who does not share your opinions.
- Play the role of a mediator during a heated discussion between your friends and reconcile their points of view.
- Before giving your opinion on a topic that you don’t know much about, learn more about it so you can weigh the pros and cons.
Did you know?
- Contrary to popular belief, Canadian judges don’t wear white wigs or have gavels.
- Most judges are named for life and can work until they are 75. This rule ensures that they have independence and don’t worry about losing their jobs if they make a decision that is unfavourable to the ruling government.
- Supreme Court of Canada judges must live in Ottawa or within 40 kilometres of the city.