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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?

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
What often plays a role in judicial appointments?
- Political influence - Partisan Calculations
26
What is the one exception where political patronage and partisan interests were obvious in judicial appointment?
- The Marc Nadon Case
27
What is the Marc Nadon Case?
- Harper appointed Marc Nadon to vacant Quebec seat even though he did not meet critera
28
Who have been historically underrepresented in the judiciary?
- Women, IBPOC, and Working Class
29
What are increasingly being recognized in the judiciary?
- Indigenous Concerns - Indigenous concepts of justice
30
What are judges expected to abide by once appointed?
- Principle of judicial independence
31
What is the mandatory retirement age for judges in Canada?
- 75
32
When can a judge be removed from office?
- Only in Cases of Misbehaviour
33
Who appoints judges?
- The PM
34
What can Judge appointments reflect?
- Perspective of the PM
35
What are some criteria the SCC Act provides?
- Min 3 from Quebec - Min 10 years a lawyer
36
Is the appointment process of a judge considered transparent?
- No
37
What do critics say about canada's judiciary appointment process?
- Its Considered Corrupt
38
What does it mean by the legalization of politics?
- Charter shifting power from elected PMs to appointed Judges
39
What has led to increased litigiousness?
- Increased Judicial Review
40
What has the Charter increased at the cost of collective rights?
- Corporate Rights - Individual Rights
41
What has the 'legalization of politics' led to?
- Increase defence of 'status quo'
42
What has the legalization of politics shifted the focus to?
- Individual - Class Based
43
What does the legalization of politics undermined?
- Popular Movements
44
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
45
What reflects the rulings against workers rights and labour unions?
- elite background of judges - Conservative views of judges
46
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
47

Poli 1102 (13 decks)

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