Provincial Court Judge declined to grant a production order under s. 487.014 CC. Crown then successfully sought an order of mandamus. The Judge then “purported to appeal as of right to this Court”. Crown brought an application to dismiss for want of jurisdiction.
Held: Application granted.
A Judge has no right of appeal. The Judge did not satisfy either the private or public interest standing test, as a judge performs an institutional, not personal, role within the administration of justice. A judge has no personal stake in the proceedings. “It is true that judges sometimes make law. But in doing so, judges have no personal stake in defending the judgments that they render. Judicial independence – which exists to protect the public, not the judge – does not confer on judges a personal right of appeal … A judge undertakes on assuming office the solemn responsibility to support and protect the Rule of Law. Giving judges the right to appeal decisions overruling them would undermine public confidence in judicial independence and ultimately the Rule of Law. This Pandora’s box must remain firmly closed.”
M. Bloos – Appellant’s Counsel