Ensuring Ethical Conduct in Canadian Judicial System
Explore the ethical principles governing judges in the Canadian justice system, including judicial independence, integrity, diligence, and equality. Understand how judges fulfill these principles, their importance, and potential challenges to upholding them.
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Who should judge? Judges and Juries in the Canadian justice system
If our justice system depends upon a decision being rendered from a court case, who should make that decision: judges or juries?
1- What are the ethical principles of judges? 2- How should judges be selected? current process follow up: process or resume
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?
For your given ethical principle: 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms) Screen Shot 2014-11-02 at 7.51.31 AM.png http://www.cjc-ccm.gc.ca/cmslib/general/news_pub_judicialconduct_Principles_en.pdf
Judicial Independence 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms)
Integrity 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms)
Diligence 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms)
Equality 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms)
Impartiality 1. Describe what it is 2. Explain how a judge fulfills it 3. Analyse why its important (judge, system, Canada, justice) 4. Suggest how this principle could be challenged or compromised. (establish grounds, explain terms)
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
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
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
2- How should judges be appointed? Follow Up Task Option #1 Devise a selection process for SCC justices. Follow up Task Option #2 Create a resume for a SCC candidate 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. 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.
