Ch 22 - Judiciary Flashcards
What does the judiciary do?
- Interprets, Applies, and Judges Laws
What two types of legal system does Canada have?
- English Common Law
- Civil Law (Quebec)
What other government structures also engage in rule adjudication?
- Administrative tribunals
How is the judiciary involved in the policymaking process?
- Through Adjudication
What do judges have the power of when interpreting laws?
- Judicial discretion
What do judges use the power of judicial review for?
- Determining if laws are consistent with Canada’s constitution
What refutes the principle of the supremacy of parliament?
- judicial review of laws
What do federal and provincial governments do to combat the high cost of lawyers?
- PRovide legal aid programs
What is the problem with federal and provincial governments legal aid programs?
- Vary province to province
- Generally limited in scope
What do civil laws relate to?
- Private relationships
What does criminal law relate to?
- Crime
What is the court structure?
- Strict Hierarchy
Where do most cases begin?
- Provincial & Territorial Court
What hear various appeals?
- Provincial and Territorial courts
What is usually the last stage of most cases of dispute?
- Appeal in provincial and territorial courts
When did the supreme court of Canada become the highest court in the land?
- 1949
What does the Supreme Court of Canada receive?
- Appeals from provincial/territorial courts
- Supperior trials court
What laws prominently feature in the Supreme Court?
- Public Law
- Constitutional Nature Issues
- Law Making
How do judges join the Supreme Court?
- Appointed
Who appoints provincial judges?
- Provincial cabinets
Who appoints supreme and federal court judges?
- Cabinet and Prime Minister
Who appoints Provincial and Territorial Superior Court Judges?
- Cabinet and Prime Minister
What has been a long standing concern about judicial appointments in Canada?
- Political Patronage
Who submits the names of judges for appointment?
- The Independent Commissioner for Federal Judicial Affairs
What often plays a role in judicial appointments?
- Political influence
- Partisan Calculations
What is the one exception where political patronage and partisan interests were obvious in judicial appointment?
- The Marc Nadon Case
What is the Marc Nadon Case?
- Harper appointed Marc Nadon to vacant Quebec seat even though he did not meet critera
Who have been historically underrepresented in the judiciary?
- Women, IBPOC, and Working Class
What are increasingly being recognized in the judiciary?
- Indigenous Concerns
- Indigenous concepts of justice
What are judges expected to abide by once appointed?
- Principle of judicial independence
What is the mandatory retirement age for judges in Canada?
- 75
When can a judge be removed from office?
- Only in Cases of Misbehaviour
Who appoints judges?
- The PM
What can Judge appointments reflect?
- Perspective of the PM
What are some criteria the SCC Act provides?
- Min 3 from Quebec
- Min 10 years a lawyer
Is the appointment process of a judge considered transparent?
- No
What do critics say about canada’s judiciary appointment process?
- Its Considered Corrupt
What does it mean by the legalization of politics?
- Charter shifting power from elected PMs to appointed Judges
What has led to increased litigiousness?
- Increased Judicial Review
What has the Charter increased at the cost of collective rights?
- Corporate Rights
- Individual Rights
What has the ‘legalization of politics’ led to?
- Increase defence of ‘status quo’
What has the legalization of politics shifted the focus to?
- Individual
- Class Based
What does the legalization of politics undermined?
- Popular Movements
Why do some critics argue that the ‘socially disadvantaged’ are better off without the Charter?
- Cost of litigation
- elite background of judges
- Conservative attitudes of judges
What reflects the rulings against workers rights and labour unions?
- elite background of judges
- Conservative views of judges
What are some of the functions of the federal courts of Canada?
- 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
