encourages employers covered by the Act to collect data in order to implement

Encourages employers covered by the act to collect

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encourages employers covered by the Act to collect data in order to implement employment equity (s. 9) with respect to the four groups designated by the legislation: Aboriginal peoples, women, persons with disabilities and members of visible minorities (s. 2). Section 3 defines visible minorities as persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour . 62 Lawrence, id. , at 217, n. 70, describes her unsuccessful attempt to collect aggregate numbers or percentages of applicants/appointees who are members of underrepresented groups (First Nations, Visible Minorities, Persons with Disabilities) through a freedom of information request. For a sustained critique of the failure to track statistics, see Data and Diversity , supra , note 16. 63 Sossin, Accountability , supra , note 9, at 26. 64 I decided to examine only initial appointments to the bench by the federal government. I did not consider elevations from provincial courts to federal courts, or from federal trial courts to appeal courts. See note 23, supra , for comments on provincial appointments. I recognize that my choice may fail to count demographic changes to the federal courts which reflect elevations from the
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60 SUPREME COURT LAW REVIEW (2014), 67 S.C.L.R. (2d) 1. Gender As of May 1, 2014 there were 1,121 federally appointed judges in Canada. Of those judges, 382 (34 per cent) are women. 65 Thirty-two per cent of trial judges are women. Forty per cent, or 43 of the 107 recent appointments made in the last 23 months, were of women. This percentage significantly outstrips the current overall percentage of women on the bench, and appears out-of-step with prior practices of the government. In November 2011, Kirk Makin suggested that parity had been “within reach” until the 2006 change in government. 66 In 2011, a Department of Justice spokesp erson said that “30 per cent of the 420 judges appointed since 2006 were women” , a figure which she claimed was statistically reflective of both the applicant pool and the pool of recommended candidates. 67 There is, of course, no way of confirming these claims. And they suggest that the government is content to conform with a formal “trickle - up” approach to appointment, notwithstanding the exponential increase of women into the legal profession 68 as well as the provincial courts. I decided to do this for a number of reasons: (1) I wanted to add my statistics on racialization to The Globe and Mail statistics and the research done by The Globe did not consider elevations; (2) elevations to the superior court which increased the demographic of racialized judges on the superior court would only end up in an overall increase in judicial diversity if the province replaced the provincial appointee with another racialized individual. There were no guarantees that would occur, and I was unable to do the research necessary to determine if it had. As well, the original appointment decision reflecting a commitment to diversity was not a federal government decision, although the elevation may have been. I was also interested in considering professional
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