1.5 judicial branch website
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The Judicial Branch1.) Legislative Branch =
makes the laws.
2.) Executive Branch = Implements and carries out the laws.
3.) Judicial Branch = Interprets and Enforces the laws.
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Supreme Court• The Supreme Court of Canada is the highest court of
Canada. • Before a case can reach the Supreme Court of Canada, it
must have used up all available appeals at other levels of court, the provincial courts and courts of appeal.
• Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada.
• The Supreme Court of Canada is composed of nine judges: the Chief Justice of Canada and eight Justices.
• Take Law 12 to go even deeper into the court system
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Rule of LawSociety has government so that it may
have safety and order
Rule of law is the fundamental principle of Canada’s system of government
Rule of law = everyone, regardless of social position or power must obey the laws of the land
Nobody is above the law
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Rule of Law continued…
Guarantees everyone fundamental justice and a fair trial.
No one is above the law, it applies equally to everyone
Gordon Campbell
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Law and JusticeImportant to understand words law and
justiceLaw = set of rules or procedures Justice = (hard to define) Love, hate, or
charity, but something the heart acknowledges
Human attitudes towards justice change all the time
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Law and Justice Continued
Our sense of justice changes with time
We could therefore define law more precisely by saying that it is a set of rules or procedures which evolves as a result of the changes in societies sense of justice.
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Sources of Canadian Law
1.) Civil Code System
2.) Common Law
3.) Statute Law
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The Civil Code System
Used in Quebec onlyHad its basis in Roman times and was brought
to Canada by French SettlersLaws are an accepted set of principle put forth
in written codeJudges decide each case by referring to the
code.
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Common LawUsed in all provinces and territories except
QuebecDeveloped in EnglandJudges were directed to travel throughout the
kingdom and decide casesJudges started to base their decisions on
judgments made previously by other judges.
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Common Law continued…
Rule of precedent = The practice of deciding cases in a common way on the basis of common principles.
Might require some level of interpretation by the judge, especially in new situations.
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Statute LawAll three levels of government, federal,
provincial, and local, pass legislation.
These laws are known as statute law
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Types of LawTwo major groups into which all laws can be
divided:
1.) Public Law
2.) Civil or Private Law
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Public LawBroken down into three areas:
A. Constitutional Law = Charter of rights and freedoms
B. Administrative Law = regulates activities of government agencies
C. Criminal Law = offences against the public (Ex. Murder)
- All laid out in the criminal code
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Civil LawAll laws affecting the relationship:
- Between individuals
- Between individuals and organizations
- Between organizations
- Ex. Contracts, Family, Property
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Impartiality of Judges
All judges should be impartialConflict of interest = No judge will
rule of a case in which he or she has a personal interest, or financial interest.
Open Role = Must be completely open minded observers who listen to all evidence presented
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Appointment of Judges
Judges are appointed by governmentProvincial gov’t appoints judges to
provincial courts.Must practice law for at least 5 yearsFederal gov’t appoints judges to all courts
higher than provincial courtsMust have 10 years of experience.
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Adversarial SystemJudges make decisions on disputes
Best way to achieve a fair decision is to base the trial on competition
Both sides have opportunity to present evidence
Decision is then made by independent judge or jury