The Judicial The Judicial BranchBranch““You are guilty”You are guilty”

OROR

““You are not guilty”You are not guilty”

Recall: The Branches of Government

1.) Legislative Branch = makes the laws.1.) Legislative Branch = makes the laws.

2.) Executive Branch = Implements and 2.) Executive Branch = Implements and carries out the laws.carries out the laws.

3.) Judicial Branch = Interprets and 3.) Judicial Branch = Interprets and Enforces the laws.Enforces the laws.

Rule of LawRule of Law Society has government so that it Society has government so that it

may have safety and ordermay have safety and order Rule of law is the fundamental Rule of law is the fundamental

principle of Canada’s system of principle of Canada’s system of governmentgovernmentRule of law = everyone, regardless of Rule of law = everyone, regardless of

social position or power must obey the social position or power must obey the laws of the landlaws of the land

Nobody is above the law Nobody is above the law Not even our own government Not even our own government

leaders….leaders….

Rule of Law Rule of Law continued…continued…

Guarantees everyone Guarantees everyone fundamental justice and a fair fundamental justice and a fair trialtrial

Gordon Campbell

Law and Law and JusticeJustice Important to understand words Important to understand words

law and justicelaw and justice Law = set of rules or procedures Law = set of rules or procedures Justice = (hard to define) Love, Justice = (hard to define) Love,

hate, or charity, but something hate, or charity, but something the heart acknowledgesthe heart acknowledges

Human attitudes towards Human attitudes towards justice change all the timejustice change all the time

Law and Law and Justice Justice ...continued…...continued… Our sense of justice changes with Our sense of justice changes with

timetimeEx. Guillotine and public hangings of Ex. Guillotine and public hangings of

the pastthe past We could therefore define law We could therefore define law

more precisely by saying that it is more precisely by saying that it is a set of rules or procedures which a set of rules or procedures which evolves as a result of the changes evolves as a result of the changes in societies sense of justicein societies sense of justice

Sources of Sources of Canadian LawCanadian Law

1.) Civil Code System1.) Civil Code System

2.) Common Law2.) Common Law

3.) Statute Law3.) Statute Law

Sources of Canadian Law:Sources of Canadian Law:1)1)The Civil Code The Civil Code SystemSystem

Used in Quebec onlyUsed in Quebec only Had its basis in Roman times and Had its basis in Roman times and

was brought to Canada by French was brought to Canada by French SettlersSettlers

Laws are an accepted set of Laws are an accepted set of principles put forth in written principles put forth in written codecode

Judges decide each case by Judges decide each case by referring to the code.referring to the code.

Sources of Canadian Sources of Canadian Law:Law:

2)2)Common LawCommon Law Used in all provinces and Used in all provinces and territories except Quebecterritories except Quebec

Developed in EnglandDeveloped in England Judges were directed to travel Judges were directed to travel

throughout the kingdom and throughout the kingdom and decide casesdecide cases

Judges started to base their Judges started to base their decisions on judgments made decisions on judgments made previously by other judges.previously by other judges.

Common Law Common Law ……continued…continued… Rule of precedent = The Rule of precedent = The

practice of deciding cases in a practice of deciding cases in a common way on the basis of common way on the basis of common principles.common principles.

Might require some level of Might require some level of interpretation by the judge, interpretation by the judge, especially in new situations.especially in new situations.

Sources of Canadian Sources of Canadian Law:Law:3)3)Statute LawStatute Law All three levels of All three levels of

government: federal, government: federal, provincial, and local, pass provincial, and local, pass legislation (legislative legislation (legislative branch .branch .

These laws are known as These laws are known as statute lawstatute law

Types of LawTypes of Law Two major groups into which Two major groups into which

all laws can be divided:all laws can be divided:

1.) Public Law1.) Public Law

2.) Civil or Private Law2.) Civil or Private Law

Types of Law:Types of Law:1)1)Public LawPublic LawBroken down into three areasBroken down into three areasA.) Constitutional Law = Charter of A.) Constitutional Law = Charter of

rights and freedomsrights and freedoms

B.) Administrative Law = regulates B.) Administrative Law = regulates activities of government agenciesactivities of government agencies

C.) Criminal Law = offences against the C.) Criminal Law = offences against the public (Ex. Murder, assault, theft)public (Ex. Murder, assault, theft)

- All laid out in the criminal code- All laid out in the criminal code

Types of Law:Types of Law:2)2)Civil LawCivil Law

All laws affecting the relationshipAll laws affecting the relationship- Between individualsBetween individuals

- Between individuals and organizationsBetween individuals and organizations

- Between organizationsBetween organizations

- Ex. Contract disputes, family rights, Ex. Contract disputes, family rights, property ownershipproperty ownership

Impartiality of Impartiality of JudgesJudges

All judges should be impartialAll judges should be impartial

Conflict of interest = No judge will rule Conflict of interest = No judge will rule of a case in which he or she has a of a case in which he or she has a personal interest, or financial interest. personal interest, or financial interest.

Open Role = must be completely open Open Role = must be completely open minded observers who listen to all minded observers who listen to all evidence presented evidence presented

Appointment of Appointment of JudgesJudges Judges are appointed by Judges are appointed by

governmentgovernment Provincial govt. appoints judges to Provincial govt. appoints judges to

provincial courts.provincial courts.Must have practiced law for at least 5 Must have practiced law for at least 5

yearsyears Federal govt. appoints judges to all Federal govt. appoints judges to all

courts higher than provincial courtscourts higher than provincial courtsMust have 10 years of experience.Must have 10 years of experience.

Adversarial Adversarial SystemSystem Judges make decisions on disputesJudges make decisions on disputes

Best way to achieve a fair decision is Best way to achieve a fair decision is to base the trial on competitionto base the trial on competition

Both sides have opportunity to Both sides have opportunity to present evidence present evidence

Decision is then made by Decision is then made by independent judge or juryindependent judge or jury

Homework:Homework:

Complete the “Branches of Complete the “Branches of Government” handout using both Government” handout using both your notes and textbook for your notes and textbook for references.references.