What empirical research tells us: Studying judges' and juries
Who should judge? Judges and Juries in the Canadian justice system.
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Unit 1: What does justice look like? Who should judge? Judges and Juries in the Canadian justice system
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Transcript of Who should judge? Judges and Juries in the Canadian justice system.
Unit 1: What does justice look like?
Who should judge? Judges and Juries in the Canadian justice system
Who should judge?
If our justice system depends upon a decision being rendered from a court case, who should make that decision: judges or juries?
Who should judge?: judges
1- What are the ethical principles of judges?
2- How should judges be selected?• current process• follow up: process or resume
Who should judge?: judges
1- What are the ethical principles of judges?
If judges are responsible for 90%+ of court cases…If judges alone are responsible for sentencing…If judges are a key component of the judicial branch…If judges have the power to strike down law…
…what ethical principles should guide their conduct?
Who should judge?: judges
For your given ethical principle:1. Describe what it is2. Explain how a judge fulfills
it3. Analyse why its important
(judge, system, Canada, justice)
4. Suggest how this principle could be challenged or compromised.
(establish grounds, explain terms)
http://www.cjc-ccm.gc.ca/cmslib/general/news_pub_judicialconduct_Principles_en.pdf
Who should judge?: judges
Judicial Independence
1. Describe what it is2. Explain how a judge fulfills it3. Analyse why its important (judge, system, Canada,
justice)4. Suggest how this principle could be challenged or
compromised.
(establish grounds, explain terms)
Who should judge?: judges
Integrity
1. Describe what it is2. Explain how a judge fulfills it3. Analyse why its important (judge, system, Canada,
justice)4. Suggest how this principle could be challenged or
compromised.
(establish grounds, explain terms)
Who should judge?: judges
Diligence
1. Describe what it is2. Explain how a judge fulfills it3. Analyse why its important (judge, system, Canada,
justice)4. Suggest how this principle could be challenged or
compromised.
(establish grounds, explain terms)
Who should judge?: judges
Equality
1. Describe what it is2. Explain how a judge fulfills it3. Analyse why its important (judge, system, Canada,
justice)4. Suggest how this principle could be challenged or
compromised.
(establish grounds, explain terms)
Who should judge?: judges
Impartiality
1. Describe what it is2. Explain how a judge fulfills it3. Analyse why its important (judge, system, Canada,
justice)4. Suggest how this principle could be challenged or
compromised.
(establish grounds, explain terms)
Who should judge?: judges
2- How should judges be appointed?
Current Process: Provincial or federal responsibility?
Section 91 and 92 Court Overview
Provincial Court 44 courthouses/160 judges
BC Supreme Court 8 districts/106 judges
Appeal Courts 2 sites/24 judges
Supreme Court of Canada 1 site/9 judges
Sir Matthew Begbie
Who should judge?: judges
2- How should judges be appointed?Current Process: Appointment Process
Provincial Court Lawyer in the provincial law society 5 years< practice Apply to Judicial Council – peer reference process–
pool Chief Judge recommends to the Attorney General–
Cabinet Can serve until 70 years old.
Superior Courts Lawyer in a provincial law society 10 years < practice Apply to Commissioner for Federal Judicial Affairs Judicial Advisory Committee makes
recommendations to Minister of Justice
Who should judge?: judges
2- How should judges be appointed?Current Process: Appointment Process
Supreme Court of Canada Superior court judge 10 years< 1 in 9 is usually a direct appointment Composition
3- Quebec (Supreme Court Act) 3- Ontario (convention) 2- West (convention) 1- Atlantic (convention)
Process Governor General (Constitution) In flux- Ad Hoc Committee, Marc Nadon
For more see: http://www.lawconnection.ca/content/judicial-appointment-backgrounder
Who should judge?: judges
2- How should judges be appointed?
Follow Up Task Option #1Devise a selection process for SCC justices.
Meet constitutional requirements Ensure ethical principles are upheld Conform to conventions of
geographical distribution Improve the status quo Align with:
A political party An advocacy organization
Include 3 sources Look like a report (pdf) Post to hub.
Follow up Task Option #2Create a resume for a SCC candidate
Meet constitutional requirements
Ensure ethical principles are upheld
Address a vacancy of geography, experience or ideological perspective on the current bench.
Include References that indicate support from:
A political party An advocacy
organization Look like a resume (pdf) Post to hub.
