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Information on Becoming a Justice of the Peace



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What is a Justice of the Peace?

A Justice of the Peace in Ontario is a judicial officer who is appointed by Order in Council under the authority of the Justices of the Peace Act, R.S.O. 1990, C.J. 4. Justices of the Peace sit until age 70. The judicial functions, powers and duties of a Justice of the Peace are set out in legislation and case law.

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Who is qualified to be a Justice of the Peace?

Justices of the Peace appointments require a responsible individual with integrity and the ability to understand and interpret relevant legislation and bylaws, knowledge and understanding of Ontario’s judicial system and process, excellent oral and written communication skills, sound interpersonal skills, good administrative skills and superior analytical ability combined with sound judgment.

The Access to Justice Act, 2005, which received first reading on October 27, 2005, if passed, would amend the Justices of the Peace Act to establish minimum qualifications for an appointment as a justice of the peace in Ontario: a university degree or community college diploma, or an equivalency, including life experience, and at least 10 years paid or volunteer work experience.

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Where can I apply to be a Justice of the Peace?

Persons applying for an appointment as Justice of the Peace are advised to send a covering letter indicating the areas of the Province in which they would be prepared to sit and a current resumé to:

Ministry of the Attorney General
Office of Judicial Support Services
3rd Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1

Resumés are kept on file for 12 months and may be renewed.

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What does a Justice of the Peace do?

A Justice of the Peace receives informations and considers process; issues subpoenas; considers search warrants; determines whether seized items should be detained pending trial or returned to the person from whom they were seized; swears affidavits; considers requests for remands and releases on consent; presides over judicial interim release (bail) hearings (includes young offenders); considers orders for assessment under the Criminal Code and the Mental Health Act; presides over the Ontario Court of Justice for adjournments and remands; deals with “ex parte” Provincial Offences Act matters such as pleas of guilty with an explanation, failure to respond dockets, re-openings and extensions of time to pay a fine; considers warrants to apprehend a child, pursuant to the Child and Family Services Act; hears and considers applications for publication bans; and presides over peace bond hearings and weapons prohibition hearings.

A Justice of the Peace also presides over the Ontario Court of Justice under the Provincial Offences Act (e.g. Highway Traffic Act, Environmental Protection Act, Occupational Health and Safety Act, etc.); hears and determines prosecutions under certain federal legislation (e.g. Fisheries Act, Canada Shipping Act, Migratory Birds Convention Act, and Indian Act, etc.). While presiding at a trial, a Justice of the Peace may also consider applications for a remedy for an infringement of a Charter right or an aboriginal or treaty right, and applications to find a law of no force and effect under s. 52 of the Constitution Act, 1982.

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What sort of training is required to become a Justice of the Peace?

The Associate Chief Justice-Coordinator of Justices of the Peace is responsible for supervising and directing the sittings of Justices of the Peace and for assigning their duties. This includes the authority to direct the times and places that justices of the peace perform their duties (Justices of the Peace Act, Sections 13(1) and (2)). The Associate Chief Justice-Coordinator of Justices of the Peace assigns new Justices of the Peace appointments after the following criteria have been met:

  • completion of two one-week orientation workshops;
  • completion of other one week workshops on rules of evidence, search warrants (includes case law on Section 8 of the Canadian Charter of Rights and Freedoms), judicial interim release (bails), Provincial Offences Act trial procedures, etc., as co-ordinated by the Senior Advisory Justice of the Peace;
  • completion of a mentoring program;
  • continuous observation and evaluation by the Regional Senior Justice of the Peace with an ensuing recommendation to the Associate Chief Justice-Coordinator of Justices of the Peace that the individual is ready to discharge his or her judicial responsibilities.

Justices of the Peace are on salary during the training program.

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What is the annual salary for a Justice of the Peace?

A full-time presiding Justice of the Peace receives an annual salary of $88,511 as well as specified benefits.

Once appointed, effective immediately, a Justice of the Peace is expected to resign from his or her employment.

Justices of the Peace receive continuing education programs.

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What is the process for hiring a new Justice of the Peace?

The process for appointing justices of the peace is initiated by the Honourable Mr. Justice Donald A. Ebbs, Associate Chief Justice - Coordinator of Justices of the Peace. When an appointment is needed, applicants are referred by the Attorney General to the Justices of the Peace Review Council for an interview. The Justices of the Peace Review Council, pursuant to Section 10 (1)(a) of the Justices of the Peace Act, is the statutory body with a mandate to consider all proposed appointments and designations of Justices of the Peace and make reports concerning them to the Attorney General. The resumé of a candidate selected for an interview will be forwarded to the Justices of the Peace Review Council.

The Justices of the Peace Review Council is comprised of the following members:

  1. The Chief Justice of the Ontario Court of Justice who presides over the Council;
  2. The Associate Chief Justice Coordinator of Justices of the Peace;
  3. The Regional Senior Judge of the Ontario Court of Justice in the region in which the matter being considered by the Council arises;
  4. A Justice of the Peace appointed by the Lieutenant Governor in Council; and
  5. Two other persons appointed by the Lieutenant Governor in Council.

While jurisdiction is throughout the province, interviews are conducted for the particular region(s) where the Justice of the Peace services are required.