Thank you, Madam Chair. This bill amends the Territorial Court Act to remove restrictions that affect territorial court judges and deputy territorial court judges when they turn 65. Presently the judges cease to hold office on attaining age 65. However, they may be reappointed on the recommendation of the Judicial Appointments Advisory Committee for fixed terms of three years for territorial judges, and two years for deputy judges. The ultimate requirement that the judges cease to hold office upon turning 75 is retained, consistent with the mandatory retirement age for Supreme Court and Court of Appeal judges and for justices of the peace.
The act is also being amended to remove a five-year limit on the term of deputy territorial court judges, and to provide authority for the first time appointment of deputy judges who are already 65 or older. The removal of the barrier on appointing deputy judges who have reached 65 will assist recruitment, since retired provincial court judges form a significant pool of potential appointees. As a result of these amendments, deputy judges will no longer be appointed for a fixed term, though they will cease to hold office at age 75.
The removal of restrictions that force territorial court judges and deputy territorial court judges to seek reappointment upon attaining 65, and that limit deputy judges to five-year or two-year terms depending on their age, will eliminate the administrative inconvenience and the cost of having routine reappointments approved by the Judicial Appointments Advisory Committee. Just as important, the removal of these restrictions eliminates any perception that requiring the reappointment of judges limits judicial independence.
The territorial court judges requested the amendments made in this bill.
Madam Chair, I would be pleased to answer any questions the committee may have.