POLS 3135 Lecture 3 2008

POLS 3135 Lecture 3 2008 - Public Law I: September 19/08...

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Unformatted text preview: Public Law I: September 19/08 • Topics for today: – Canadian court structure – Role of Courts – Quebec legal system – Highlights of the Canadian constitution – Constitutional Amendment Canadian Court Structure • ____________________________ federal appointments | Supreme Court of Canada | and administration | 9 judges | |___________________________| _____________________| | ____|___ ____|____ ________________|________ federal | | | | | | federal appointments | Tax | | Federal | | 10 provincial & 3 territorial | appointments, & admin. | Court | | Court | | courts of appeal | provincial | 22 js | | 39 js | | 128 judges | administration |______| |________| |_______________________ | | | _____________ |______ | federal | | | appointments | provincial superior | | provincial | trial courts | | administration | 829 judges | | |__________________ | | |___________________| | | | ___________ |__________ | | (All counts as of 2001) provincial | pure provincial and | appointments | territorial courts | & admin. | 984 judges | |______________________| • Unified (integrated) hierarchical court system as opposed to dual court system such as found in the U.S. Adjudication • Adjudication involves an independent, impartial and qualified judge authoritatively settling a dispute, according to law, with reasons. Usually, decisions can be appealed. • Other forms of dispute resolution: combat, negotiation, mediation, arbitration. (ADR refers to alternatives to the courts – especially mediation and arbitration.) The role of courts in Canada • Why do we have “open” courts? • There are some exceptions to open courts – Young offenders – Application to a judge for a closed hearing – Sexual assault trials – National security cases – Preliminary hearings in notorious cases – to permit fair jury selection – Is closing the court justified in these situations? The role of courts in Canada continued…. • Does open court concept impact presumption of innocence? • Dignity and decorum – Gowns, address to judge – Dress codes • Television • Adversary system • ADR (alternate dispute resolution) Role of courts continued… • Role of courts: dispute resolution, prevent abuse of power, official const. philosophers. • Problems with justice system – for some litigants and lawyers, a game – delay in client’s interest – judges limited by adversary system re control of caseflow Judicial Independence and Accountability • judicial independence: purpose is to promote judicial impartiality – Valente decision (1981 - 85) • security of tenure • financial security • judicial control over adjudicative matters • judicial discipline: Canadian Jud Council & prov. Jud. Councils (eg. – Hryciuk, suspended from Ont Ct of Justice after judicial inquiry) • For provincially-appointed judges: complaints can be sent to the Provincial Judicial Council (usually composed of the Chief Judges and Justices in the province) • For federally-appointed judges: the Canadian Judicial Council investigates complaints Types of Offences in Criminal Law...
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This note was uploaded on 02/14/2012 for the course POLS 3136 taught by Professor Bazowski during the Winter '10 term at York University.

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POLS 3135 Lecture 3 2008 - Public Law I: September 19/08...

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