THE JUDICIAL BRANCH

SUPREME COURT OF CANADA HIGHEST COURT IN CANADA FOR A CASE TO REACH THE SUPREME COURT IT MUST HAVE USED UP ALL AVAILABLE APPEALS AT OTHER COURT LEVELS: PROVINCIAL AND COURTS OF APPEAL ITS DECISIONS ARE THE ULTIMATE APPLICATION OF CANADIAN LAW BINDING UPON ALL LOWER COURTS IN CANADA NINE JUDGES: CHIEF JUSTICE AND 8 JUSTICES

RULE OF LAW SOCIETY HAS GOVERNMENT IN ORDER TO ENSURE SAFETY AND ORDER RULE OF LAW IS THE MOST FUNDAMENTAL PRINCIPLE OF CANADA’S GOVERNMENT RULE OF LAW=EVERYONE NO MATTER WHAT THEIR SOCIAL POSITION MUST OBEY LAWS OF THE LAND NO ONE IS ABOVE THE LAW

RULE OF LAW CONTINUED THIS GUARANTEES EVERYONE FUNDAMENTAL JUSTICE AND A FAIR TRIAL NO ONE IS ABOVE THE LAW THIS APPLIES TO EVERYONE

Law and Justice IMPORTANT TO UNDERSTAND THE WORDS LAW AND JUSTICE LAW: SET OF RULES AND/OR PROCEDURES JUSTICE: LOVE? HATE? CHARITY? BUT SOMETHING THE HEART ACKNOWLEDGES  VERY HARD TO DEFINE HUMAN ATTITUDES TOWARDS JUSTICE HAVE CHANGED OVER TIME THEREFORE WE COULD DEFINE LAW AS A SET OF RULES THAT EVOLVES AS A RESULT OF THE CHANGES IN SOCIETIES SENSE OF JUSTICE

SOURCES OF CANADIAN LAW 1. CIVIL CODE SYSTEM 2. COMMON LAW 3. STATUTE LAW

CIVIL CODE SYSTEM ONLY IN QUEBEC HAS BASIS IN ROMAN TIMES – BROUGHT BY FRENCH SETTLERS LAWS ARE AN ACCEPTED PRINCIPLE THAT ARE PUT INTO A WRITTEN CODE JUDGES WILL THEN DECIDE EACH CASE BY REFERRING TO THE WRITTEN CODE

COMMON LAW USED EVERYWHERE ELSE IN CANADA DEVELOPED IN ENGLAND JUDGES USED TO TRAVEL THROUGHOUT THE KINGDOM AND DECIDE UPON CASES THEY WERE GIVEN JUDGES STARTED TO BASE ALL OF THEIR DECISIONS UPON JUDGEMENTS MADE BY OTHER JUDGES = PRECEDENT

STATUTE LAW ALL THREE LEVELS OF GOVERNMENT, FEDERAL, PROVINCIAL, AND LOCAL PASS LAWS (LEGISLATION) THESE ARE KNOWN AS STATUTE LAW

TWO MAJOR GROUPS THAT ALL LAWS CAN BE DIVIDED INTO: THE TYPES OF LAW TWO MAJOR GROUPS THAT ALL LAWS CAN BE DIVIDED INTO: PUBLIC LAW CIVIL (PRIVATE) LAW

PUBLIC LAW 1. CONSTITUTIONAL LAW – THIS CONSISTS OF THE CHARTER OF RIGHTS AND FREEDOMS 2. ADMINISTRATIVE LAW – REGULATES ACTIVITIES OF GOVERNMENT AGENCIES 3. CRIMINAL LAW – OFFENCES AGAINST THE PUBLIC.  MURDER

CIVIL LAW ALL LAWS AFFECTING THE RELATIONSHIP: - BETWEEN INDIVIDUALS - BETWEEN INDIVIDUALS AND ORGANIZATIONS - BETWEEN ORGANIZATIONS EX) CONTRACTS, FAMILY AND PROPERTY

JUDGES = IMPARTIAL? IMPARTIALITY: ALL JUDGES SHOULD REMAIN IMPARTIAL CONFLICT OF INTEREST: MEANS THAT NO JUDGE WILL RULE A CASE IN WHICH HE OR SHE HAS AN INVESTED PERSONAL INTEREST IN, OR A FINANCIAL INTEREST IN. OPEN ROLE: JUDGES MUST BE COMPLETELY OPEN MINDED IN THEIR DECISIONS AND WHEN EVALUATING EVIDENCE PRESENTED TO THEM

HOW ARE JUDGES APPOINTED? ALL JUDGES ARE APPOINTED BY THE GOVERNMENT PROVINCIAL GOVERNMENT APPOINTS JUDGES TO ALL PROVINCIAL COURTS THEY MUST HAVE PRACTICED LAW FOR AT LEAST FIVE YEARS TO BE APPOINTED FEDERAL GOVERNMENT APPOINTS JUDGES TO ALL COURTS THAT ARE HIGHER THAN PROVINCIAL COURTS THEY MUST HAVE 10 YEARS EXPERIENCE FOR THIS

ADVERSARIAL SYSTEM JUDGES MAKE DECISIONS ON DISPUTES BOTH SIDES HAVE AN OPPORTUNITY TO PRESENT EVIDENCE THIS IS BEST LOOKED AT AS A COMPETITION THE DECISION IS THEN MADE BY AN INDEPENDENT JUDGE OR JURY

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