decided most recently as an administrative law issue, heading to the SCC Judges: must have: approx. 10 years of law, outstanding legal reputation, personal characteristics o good health, appreciation of & experience with diversity, dedication to public o ability to cooperate and work with others, understand role of the Court Judicial Facts: approx. 150 judges 28 judicial judges & 300 justices of the peace judges are appointed through a lengthy process for life (judicial independence) mandatory retirement at 75, average salary: $234,600, average age: 58 Judges & Impartiality: presumption of impartiality, acknowledgement of biases, appearance of bias presumption that judges can set aside biases for the sake of justice Canadian test: would a reasonable person think judge could make an impartial decision? ex: Judge Steve Lipton, Judge Raymond Bodnarek Canadian Judicial Council: accepts written complaints about judicial misconduct, independent review then a hearing, then a public inquiry, consequence: recommend removal of the judge in 145 years, 10 inquiries, 5 recommendations for removal (4 of those retired). Justice Robin Camp: public inquiry into his judgement of a sexual assault trial in 2014 witness alleged the accused raped her over a bathroom sink asked the witness, “why couldn’t you just keep your knees together?” o suggests to sunk her “bottom down into the basin so he couldn’t penetrate” her acquitted accused, new trial this fall, judicial council recommended his removal Court Clerks: ensure correct files, keep track of evidence, appearances, orders, fines, interpreters, etc. Sheriff: escort prisoners for appearances, provide courtroom security & manage jury selection Paralegals: take on some work done by junior lawyers, have training & knowledge of law capable of independent legal work, under general supervision of a lawyer non-lawyer employee, competent to carry out legal work done by a lawyer
Other Court Support Personnel: probation officers, bail supervisors, counsellors, social workers, indigenous court workers mental health workers, victim services, policy analysts, managers, directors, etc. Remand Custody: custodial option for those awaiting trail (unable to meet bail conditions) Crown argues that the individual ought to be detained due to: o need to secure attendance at trial (flight risk), protection of the public o where necessary to maintain confidence in administration of justice Remand Custody Statistics: 45% of all stays in Canada end with no further supervision 26% sentenced to facility, 24% community supervision, 3% federal custodial sentence Elimination of Time Served Credit: remand custody time counted 2:1 against sentences, sentence due to the remand period factors considered: length of time remanded was due to Crown or defence delay o physical conditions custodial period, etc.
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