In October of 2024, the Canadian Judicial Council (CJC) published ethical guidelines for judges on the responsible use of social media. See Guidelines on the Use of Social Media by Federally Appointed Judges (2024). In doing so, the CJC updated its previously published Ethical Principals to expand on the ethical considerations arising from judges’ use of social media.
The CJC adopted several general principles applicable to judges’ use of social media. First, the CJC emphasized that there is no pro se prohibition on a judge using social media but cautioned that all social media use must be appropriate and consistent with the Ethical Principles. Second, the CJC noted that judges who elect to use social media must do so in a manner that is “consistent with the principles of independence, integrity and respect, diligence and competence, equality and impartiality that define the judicial role.” Id. at 7. Finally, the CJC cautioned that a judge should always carefully consider whether the social media platform itself conveys ideas or values that are inconsistent with the judicial principles of independence and integrity. To that end, the judge must also maintain technological competence in how the social media platform works and disseminates information.
The CJC also identified the following important considerations for judges to consider when using social media:
- Reviewing Social Media Accounts Upon Appointment. A judge should review their social media accounts upon appointment and consider whether its in the public interest to continue engaging in social media or delete the account or content on the account. A judge should review their “friend” or connection list to evaluate whether this list should be updated or whether the judge should adjust his or her privacy settings.
- Identifying Oneself on Social Media Accounts. The CJC neither recommended or prohibited a judge using a pseudonym or other means of shielding ones identity on social media. The CJC cautioned, however, that utilizing a pseudonym will not necessarily stop a third party from identifying the account as that of a judge. The CJC also noted that judges should give special consideration whether to include a judicial title or other information explicitly identifying a judge’s judicial role. For example, the judge may not want to use judicial identifying information if the account is strictly for use in a personal capacity.
- Creating and Interacting with Social Media Content. The Ethical Principles reminded judges that social media should not be used to conduct independent factual research about a case that is pending before them. If a judge does inadvertently acquire out-of-court information about a party, witness, or matter, a judge may consider disclosing this or recusing from presiding over the case. Judges should not express their personal views or engage in discussions on social media about cases pending before them or may come before them. The CJC highlighted that some behaviors on social media that may be acceptable for the general public may not be appropriate for members of the judiciary. For that reason, judges should treat others with respect and avoid engaging in partisan activity.
- Connections on Social Media. A judge should exercise caution when making “friends” or connections on social media. The CJC noted that concepts like “friends” or “followers” differ from their conventional usages when discussed in the social media context. Despite this, judges should be mindful that such connections are often used as evidence of a lack of impartiality. A judge should take reasonable efforts to monitor their social media accounts to ensure that people with whom they share a social media connection are posting appropriate content (i.e., not posing content that could reflect negatively on the integrity of the judge).
- Privacy and Security. A judge should take steps to ensure that they understand the privacy and security features of their social media accounts. A judge should generally refrain from posting information considered to be highly confidential on social media, such as their home address, email address or telephone numbers and should ask friends and family not to share this type of information on social media.
