Minister of Justice and Attorney General of Canada announces judicial appointments in the province of Ontario

News release

June 1, 2023 – Ottawa, Ontario – Department of Justice Canada  

The Honourable David Lametti, Minister of Justice and Attorney General of Canada, today announced the following appointments under the judicial application process established in 2016. This process emphasizes transparency, merit, and the diversity of the Canadian population, and will continue to ensure the appointment of jurists who meet the highest standards of excellence and integrity.

John E. Callaghan, Partner at Gowling WLG in Toronto, is appointed a Judge of the Superior Court of Justice of Ontario in Toronto. Justice Callaghan replaces Justice D.L. Corbett (Toronto), who elected to become a supernumerary judge effective October 11, 2022.

Jennifer K. Penman, Managing Partner and Lawyer at Derstine Penman Criminal Lawyers in Toronto, is appointed a Judge of the Superior Court of Justice of Ontario in Toronto. Justice Penman fills one of the four remaining positions authorized further to the Budget Implementation Act, 2022, No. 1.

Quote

““I wish Justices Callaghan and Penman every success as they take on their new roles. I am confident they will serve Ontarians well as members of the Superior Court of Justice of Ontario.”

—The Hon. David Lametti, Minister of Justice and Attorney General of Canada

Biographies

Justice John E. Callaghan graduated from University of Windsor Law School in 1987 and was called to the Ontario bar in 1989.

After returning from a Fox Scholarship, Justice Callaghan began practising litigation in 1989 with Smith Lyons, which eventually merged with Gowling Lafleur Henderson, now Gowling WLG LLP. For over 30 years, his practice was largely in the areas of commercial, civil, and administrative law. He appeared before all levels of court. His practice included participation in a number of high-profile public inquiries, including most recently as commission counsel for Ontario’s Covid Long Term Care Commission. He was recognized as a superb counsel by many rating agencies and publications.

Justice Callaghan was a bencher of the Law Society of Ontario from 2011 to 2019. He was the Chair of Government Relations, where he worked and advocated for access to justice in Ontario and chaired the Working Group on Legal Aid.  He was the second longest serving member of the Civil Rules Committee, having served for 25 years. As a member of the Civil Rules Committee, he led and participated in many initiatives that improved civil justice in Ontario. He is also a past director of Legal Aid Ontario, The Advocates’ Society, and the Institute of Clinical Evaluative Studies. He is co-author of Class Action: Law and Practice (LexisNexis).

Justice Callaghan is blessed to have the support of his wife, Seanna, and their three children, Molly, Charlie, and Harry. He has spent much of his time coaching minor hockey, albeit with modest results.

Justice Jennifer K. Penman was born and raised in Toronto. She received her Bachelor of Arts from Dalhousie University in 1992. She went on to earn her Bachelor of Laws from Dalhousie University in 1996 and was called to the bar in Ontario in 1998. In 2005, she received her Master of Laws, Criminal, from Osgoode Hall Law School.

Justice Penman founded Derstine Penman Criminal Lawyers with her partner Dirk Derstine in 1999, where she practised until her appointment. Over the course of her career, she has conducted trials at all levels of court in Ontario and has appeared at the Ontario Court of Appeal and the Supreme Court of Canada. Her practice has been extensive and varied but has principally involved representing persons charged with serious indictable offences, including murder. She has also conducted trials in Nova Scotia and Manitoba.

Justice Penman was a Toronto Director of the Criminal Lawyers’ Association and was involved in numerous committees and positions within that organization. She was a founding member of the Criminal Lawyers’ Association Mentorship Committee and was a chair of that committee for years. She was a member of Women in Canadian Criminal Defence and was involved in education programs for the Association. She was a regular volunteer for the Gale Cup Moot. She has also been an instructor in various continuing legal education and trial advocacy programs throughout her career, including for the Intensive Trial Advocacy Workshop, the Ontario Justice Education Network, and the Ontario Bar Association.

Justice Penman is married to her law partner, Dirk Derstine, and has two wonderful children.

Quick facts

  • The Government of Canada has appointed more than 615 judges since November 2015. These exceptional jurists represent the diversity that strengthens Canada. Of these judges, more than half are women, and appointments reflect an increased representation of visible minorities, Indigenous, 2SLGBTQI+, and those who self-identify as having a disability.

  • To support the needs of the courts and improve access to justice for all Canadians, the Government of Canada is committed to increasing the capacity of superior courts. Budget 2022 provides for 22 new judicial positions, along with two associate judges at the Tax Court of Canada. Along with the 13 positions created under Budget 2021, this makes a total of 37 newly created superior court positions. Since Budget 2017, the government has funded 116 new judicial positions.

  • Changes to the Questionnaire for Federal Judicial Appointments were announced in September 2022. The questionnaire continues to provide for a robust and thorough assessment of candidates but has been streamlined and updated to incorporate, among other things, more respectful and inclusive language for individuals to self-identify diversity characteristics.

  • Federal judicial appointments are made by the Governor General, acting on the advice of the federal Cabinet and recommendations from the Minister of Justice.

  • The Judicial Advisory Committees across Canada play a key role in evaluating judicial applications. There are 17 Judicial Advisory Committees, with each province and territory represented.

  • Significant reforms to the role and structure of the Judicial Advisory Committees, aimed at enhancing the independence and transparency of the process, were announced on October 20, 2016.

  • The Government of Canada is committed to promoting a justice system in which sexual assault matters are decided fairly, without the influence of myths and stereotypes, and in which survivors are treated with dignity and compassion. Changes to the Judges Act and Criminal Code that came into force on May 6, 2021, mean that in order to be eligible for appointment to a provincial superior court, candidates must agree to participate in continuing education on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination. The new legislation enhances the transparency of decisions by amending the Criminal Code to require that judges provide written reasons, or enter them into the record, when deciding sexual assault matters.

Contacts

For more information, media may contact:

Diana Ebadi
Press Secretary
Office of the Minister of Justice
343-574-3446
Diana.Ebadi@justice.gc.ca

Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca

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