What distinguishes the judges in the Superior Court from those in lower provincial courts?

Judges in the Superior Court are distinguished from those in lower provincial courts by the fact that they are federally appointed. In Canada, the Superior Court is a higher-level court, and the appointments of its judges are made under federal jurisdiction, following the guidelines set out in the Constitution. This system is intended to ensure a level of independence and impartiality from provincial governments, which is critical for upholding the rule of law.

This federal appointment process means that Superior Court judges generally have more authority and can handle more serious matters, including civil cases and significant criminal offences. Given the stature of the cases they adjudicate, their appointment process reflects the importance of their role in the judicial system.

On the other hand, lower provincial court judges, although also important, are appointed at the provincial level and typically handle less complex or serious cases, which can lead to variances in the nature of the cases dealt with in the different courts. This distinction between appointment processes is a fundamental element in understanding the hierarchy and functions of the judicial system in Canada.