Paths to the bench: Judicial appointments in Manitoba, 1872–1950

This thesis is an analysis of the political nature of Canada's judicial appointment process. In examining how Manitoba lawyers became judges between 1872 and 1950 it advances two principal arguments. One is that the practice of law inculcated in practitioners role expectations, beliefs and attitudes such that from their first days as students through their years at the bar future judges learned to act in acceptable ways. Judicial appointments marked the end of a professional apprenticeship during which candidates for the bench were similarly socialized through common memberships and expectations that each would participate in the affairs of his community. The study concludes that the process of socialization inherent in the practice of law explains the homogeneity of judicial benches generally, and that of Manitoba specifically.

The second argument advanced is that ability alone rarely determined who went to the bench. Just as important were stature, involvement in politics, and a close relationship with an influential mentor. The data suggest the particular path taken depended on a number of factors. Lawyers lacking social status or the assistance of others were required to prove their worth at the bar. Those without professional credentials, on the other hand, went to the bench only if they became well known through participation in civic organizations, politics, or cultural endeavours. The study concludes that although all lawyers divided their time between non-professional and professional activities, having a mentor rather than ability was the best guarantee of a judicial appointment. It also determined that many of Manitoba's early lawyers spent little time actually practising law but this had a negligible impact on whether they became a judge, since professional merit was not a criterion for judicial appointments.

The study is also a history of the legal profession in Manitoba. Of significance is that it identifies that point in time when a profession dominated by easterners evolved into one led by an indigenous elite, and it concludes that one of the reasons members of the new order established a law school was to socialize their replacements.