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Poli 1102 > Ch 22 - Judiciary > Flashcards

Ch 22 - Judiciary Flashcards

1
Q

What does the judiciary do?

A
  • Interprets, Applies, and Judges Laws
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2
Q

What two types of legal system does Canada have?

A
  • English Common Law
  • Civil Law (Quebec)
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3
Q

What other government structures also engage in rule adjudication?

A
  • Administrative tribunals
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4
Q

How is the judiciary involved in the policymaking process?

A
  • Through Adjudication
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5
Q

What do judges have the power of when interpreting laws?

A
  • Judicial discretion
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6
Q

What do judges use the power of judicial review for?

A
  • Determining if laws are consistent with Canada’s constitution
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7
Q

What refutes the principle of the supremacy of parliament?

A
  • judicial review of laws
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8
Q

What do federal and provincial governments do to combat the high cost of lawyers?

A
  • PRovide legal aid programs
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9
Q

What is the problem with federal and provincial governments legal aid programs?

A
  • Vary province to province
  • Generally limited in scope
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10
Q

What do civil laws relate to?

A
  • Private relationships
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11
Q

What does criminal law relate to?

A
  • Crime
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12
Q

What is the court structure?

A
  • Strict Hierarchy
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13
Q

Where do most cases begin?

A
  • Provincial & Territorial Court
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14
Q

What hear various appeals?

A
  • Provincial and Territorial courts
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15
Q

What is usually the last stage of most cases of dispute?

A
  • Appeal in provincial and territorial courts
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16
Q

When did the supreme court of Canada become the highest court in the land?

A
  • 1949
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17
Q

What does the Supreme Court of Canada receive?

A
  • Appeals from provincial/territorial courts
  • Supperior trials court
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18
Q

What laws prominently feature in the Supreme Court?

A
  • Public Law
  • Constitutional Nature Issues
  • Law Making
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19
Q

How do judges join the Supreme Court?

A
  • Appointed
20
Q

Who appoints provincial judges?

A
  • Provincial cabinets
21
Q

Who appoints supreme and federal court judges?

A
  • Cabinet and Prime Minister
22
Q

Who appoints Provincial and Territorial Superior Court Judges?

A
  • Cabinet and Prime Minister
23
Q

What has been a long standing concern about judicial appointments in Canada?

A
  • Political Patronage
24
Q

Who submits the names of judges for appointment?

A
  • The Independent Commissioner for Federal Judicial Affairs
25
Q

What often plays a role in judicial appointments?

A
  • Political influence
  • Partisan Calculations
26
Q

What is the one exception where political patronage and partisan interests were obvious in judicial appointment?

A
  • The Marc Nadon Case
27
Q

What is the Marc Nadon Case?

A
  • Harper appointed Marc Nadon to vacant Quebec seat even though he did not meet critera
28
Q

Who have been historically underrepresented in the judiciary?

A
  • Women, IBPOC, and Working Class
29
Q

What are increasingly being recognized in the judiciary?

A
  • Indigenous Concerns
  • Indigenous concepts of justice
30
Q

What are judges expected to abide by once appointed?

A
  • Principle of judicial independence
31
Q

What is the mandatory retirement age for judges in Canada?

A
  • 75
32
Q

When can a judge be removed from office?

A
  • Only in Cases of Misbehaviour
33
Q

Who appoints judges?

A
  • The PM
34
Q

What can Judge appointments reflect?

A
  • Perspective of the PM
35
Q

What are some criteria the SCC Act provides?

A
  • Min 3 from Quebec
  • Min 10 years a lawyer
36
Q

Is the appointment process of a judge considered transparent?

A
  • No
37
Q

What do critics say about canada’s judiciary appointment process?

A
  • Its Considered Corrupt
38
Q

What does it mean by the legalization of politics?

A
  • Charter shifting power from elected PMs to appointed Judges
39
Q

What has led to increased litigiousness?

A
  • Increased Judicial Review
40
Q

What has the Charter increased at the cost of collective rights?

A
  • Corporate Rights
  • Individual Rights
41
Q

What has the ‘legalization of politics’ led to?

A
  • Increase defence of ‘status quo’
42
Q

What has the legalization of politics shifted the focus to?

A
  • Individual
  • Class Based
43
Q

What does the legalization of politics undermined?

A
  • Popular Movements
44
Q

Why do some critics argue that the ‘socially disadvantaged’ are better off without the Charter?

A
  • Cost of litigation
  • elite background of judges
  • Conservative attitudes of judges
45
Q

What reflects the rulings against workers rights and labour unions?

A
  • elite background of judges
  • Conservative views of judges
46
Q

What are some of the functions of the federal courts of Canada?

A
  • Copyright/trademark
  • Citizenship/Immigration Appeals
  • Appeals from Federal Admin Tribunals
  • Civil Cases involving government
  • Appeals regarding access to info/privacy act
  • Issuance of Canadian Security Intelligence Service warrants
47
Q
A

Poli 1102 (13 decks)

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