The Role of the Courts/Judges

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Presentation transcript:

The Role of the Courts/Judges

Role of the Courts Governments and lawyers had to build legislation that was compatible and had to review existing legislation to remove any clauses that infringed the Charter Now the role of Judges had expanded to protect basic rights and civil liberties So…they have all this power in Canada, it is important to know who these people are and how they are appointed.

Appointment of Judges 750 courts across Canada- sec. 92 (14) outlines jurisdiction over the administration of justice The federal government is in charge of appointing provincial and territorial judges (huh?) Supreme Court of Canada- highest court in Canada, based in Ottawa- Chief Justice and 8 other judges, representing the various regions of Canada

Supreme Court

Santa Clause? http://www.scc-csc.gc.ca/court-cour/judges-juges/current-actuel-eng.aspx

SCC Final authority on all government (3 levels) affairs and constitutional interpretation All lower courts and the government are bound to their decisions- however their decisions are not entirely specific in some cases Majority and Minority decisions are made and are then analyzed by lawyers and legislators to determine the real direction in which the court is moving or suggesting to move

Judges All judges come from the legal profession- federal judges must have 10 years of practicing law Lawyers apply to be judges- committee reviews Federal Minister of Justice and the PM have final say Federally appointed judges serve until they resign or reach mandatory retirement (70-75)