Poli 151 Flashcards
1875 Supreme Court Act: What is it for? How many members have seats, and where from? Judges response
Established the SC as the highest level of court in Canada (replaced the JCPC {Judicial committee of privy council} which was shut down by the fed gov in 1949)
Has 9 members (3 from Ont, 2 from west, 1 from Maritimes, and 3 for Quebec~ due to their Civil Court)
The Act requires 5 Judges to hear (Uneven to break tie, each accompanied by 3 law clerks) 1 writes decision, and concurring, in split; 1 maj and 1 min
Adjudication of Cases
Less formal than a court hearing, it settles legal disputes- deciding between private and public law. Then ruling are made and hearing and listening to both sides, rulings based on facts and interpretation of the law
Judges and Commissions of Inquiry
Prov and Fed gov appoint judges to head commissions of inquiry to investigate the state’s accused wrongdoing. Though not binding requesting documents and evidence is accepted
Equality before the law - the flaw
Everyone is innocent till proven guilty, no 1 is above the law, and legal representatives can be provided for lower income cases (Money plays a huge roll in fighting a legal battle)
Federal system
a means of dividing the power and functions of government between a central government (national) and subnational governments (regional),
unitary system
A government that gives all key powers to the central government and subnational deals with all other matters
The Gladue Courts
Starts in Nanaimo - Judges look for more restorative options for Indigenous people incarcerated. Addressing the issue of over and wrongful incarceration as well as providing solutions for rehabilitation
Governor General
Represents the formal executive and provides mainly symbolic and ceremonial functions, like visiting military bases, promoting national unity and speaking with diverse communities. Appoints PM as well as dismisses when confidence is lost. They also dissolve the HOC and calls for new elections. Only ever during prorogation does the GG hold more power than the PM
Prime Minister
Head of the Canadian political system, recommends GG appointments to cabinet, decides ultimate structure of the cabinet, priorities in government. Holds confidence of the house
Judicial Independence
Judges must remain independent from the executive branch of government. Based on facts and law, not personal bias or outside parties opinion
Judicial review
Based on whether the Judges ruling was constitutional after it was entrenched into the charter. Abstract Judicial review ensures this before the law is passed.
Reference cases
proceedings initiated by fed and prov governments asking for the supreme court’s opinion on the constitutionality of legislation without a full legal dispute
Section 92 courts
inferior/prov courts- set up by and paid prov judges to legally dispute family, traffic, and small claims
Section 96 courts
refers to superior courts, which handle the most important aspects of criminal law
Section 101 courts
refers to federally created courts with federally appointed judges intended for tax court, fed court of appeal, supreme court of Canada
Senate reforms 3 options
Abolition - get rid of
Reform - turn senate into elected, equal, effective senate
Status Quo- leaving senate as is
2 aspects of fiscal federalism
15-29% federal income tax, fed spending powers and equalization payments.
Also Collecting direct and indirect taxes. Which are sperate from Health transfers, those are separate block transfers made yearly.
Reasons why the GG is/isn’t the most powerful member in the Canadian executive branch of government (the Crown/King)
Symbolic: The Monarch’s representative
Keeps confidence in the house with appointing and dismissing the PM.
Acts only on advice from PM and Cabinet (who sets fed gov policy’s and priorities)
Is the Commander-in chief of Canadian Armed Forces - visits bases and varied communities in Canada
Passes Bills to obtain royal assent
How did the Federal gov not conform to the ‘separate but equal’ doctrine of classical federalism
The national is relatively equal to the provincial. Federal dealing with common concerns and provincial with local concerns, but under BNA Act (now const Act) allows Fed power to take over prov.
Why is the Canadian parliament considered a law-passing not a law-making institution
The Canadian parliament passes bills through 6 levels of law before becoming a bill. First reading(introduction, second reading (Debate), examination by appropriate parliamentary committee (Q&A), third reading(Report-Discuss Changes or make more, Debate) senate(back through all steps, Debate and vote on the final construction of law), then royal assent
What steps and criteria have the fed exec used to select and appoint judges to s. 96 and 101 courts. Why?
96: Superior and appeal courts - citizenship, and immigration appeals
101: Tax court, fed court of appeal, supreme court of Canada, copyright, and patient dispute
What changes to the SC since 1875 contributed to a central institution in Canada’s governing and law-making system
In 1933 the SC is finalised as Canada’s final court of appeal in criminal cases, then in 49 it became truely final for all cases of appeal. Then the 1982 Constitution and Charter of R+F includeds all non conventional laws to abide by. Furthermore all legal disputes are handeld judicially not democratically
