Understanding Justices: A Study of Canadian Justices of the Peace

Robert A. Kominar is a lecturer in the Department of Law and Justice at
Laurentian University.

Understanding the labyrinthine ways of the Canadian legal system has
always been a challenge to those who encounter it from the outside. This
book convincingly illustrates that it can be equally problematic for
some insiders to the system. The focus here is on the role of the
justice of the peace in various Canadian jurisdictions, and/or the many
questions that arise out of it.

The data for this volume came from a survey the authors undertook of
justices of the peace across the country. The survey analyzed the
opinions of justices on a wide variety of issues. It clearly shows that
the official authority conferred on justices is often quite different
from the actual role they play in the legal system. It also highlights
the considerable differences between urban and rural officials.

Justices interviewed here often relate that they regard themselves as
the front line of the judicial system. It is they who protect citizens
from arbitrary police action. But this is only part of the story.
Justices, we learn, are also beholden to the police in many troubling
ways. Their independence is questionable. Many note the unsavory
position they are in when they are paid on a fee-for-service basis, and
thus must depend on the police sending business their way to earn a
living. Too much resistance or fastidiousness and one is avoided by
police seeking authorization for various actions. In addition, justices
are generally not legally trained and questions arise about their
ability to adjudicate complex matters such as bail hearings and
applications for search warrants. Yet they are the workhorses of the
system, and see themselves as doing whatever needs to be done to keep
the system going—qualified or not, respected or not.

The Charter of Rights has brought new attention to issues of judicial
impartiality and independence. This book raises many interesting
questions relating to these issues, and provides some empirical
verification for many of the things that those who have encountered
justices have long known or suspected. If the book has a failing it is
that it leaves the reader wishing that causes of and solutions to these
problems were discussed more fully.