canada vs. u.s

8/8/2019 Canada vs. U.S.

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following (this list is not exhaustive):

Right to a fair and public trial conductecompetent mannerRight to be present at the trialRight to an impartial jury

Right to be heard in one's own defenseLaws must be written so that a reasonaperson can understand what is criminalbehavior

Taxes may only be taken for public purProperty may be taken by the governmonly for public purposesOwners of taken property must be fairlycompensated"

-www.usconstitution.net/consttop_due

“Independence of the judiciary is the ideathat the judiciary needs to be kept away fromthe other branches of government. That is,courts should not be subject to improperinfluence from the other branches of government, or from private or partisaninterests. Different nations deal with the ideaof judicial independence through differentmeans of judicial selection, or choosing

judges. One way to promote judicialindependence is by granting life tenure orlong tenure for judges, which ideally frees

them to decide cases and make rulingsaccording to the rule of law and judicialdiscretion, even if those decisions arepolitically unpopular or opposed by powerfulinterests. But they may have conflicts withrepublicanism and they could support it. Insome countries, the ability of the judiciary tocheck the legislature is enhanced by thepower of judicial review. This power can beused, for example, when the judiciaryperceives that legislators are jeopardizingconstitutional rights such as the rights of the

accused.""Canada has a level of judicial independenceentrenched in its Constitution, awardingsuperior court justices various guarantees toindependence under sections 96 to 100 of theConstitution Act, 1867. These include rightsto tenure (although the Constitution has sincebeen amended to introduce mandatory

"Federal courts

Article III of the United States Constitutestablishes the federal courts as part offederal government.

The Constitution provides that federal juincluding judges of the Supreme Court United States, are appointed by the Pre"by and with the advice and consent of Senate." Once appointed, federal judge...both of the supreme and inferior Courshall hold their Offices during good Behand shall, at stated Times, receive for tServices a Compensation which shall nodiminished during their Continuance in Federal judges vacate office only upon resignation, or impeachment and remofrom office by Congress; only 13 federa

judges have ever been impeached. The President is free to appoint any perthe federal bench, yet typically he conswith the American Bar Association, whoStanding Committee on the Federal Judrates each nominee "Well Qualified,""Qualified" or "Not Qualified." For instanDavid Souter was appointed in the SuprCourt by the first President George Bus1990 but in Bush v. Gore case in 2000 vwith minority against George W. Bush'sposition. It was specially mentioned in tbook, written in Russian and bearing Soname in the title.[6] Justice of theConstitutional Court of the Russian Fed

Yury Danilov, reviewing the book in a M



retirement at age 75) and the right to asalary determined by the Parliament of Canada (as opposed to the executive). In1982 a measure of judicial independence wasextended to inferior courts specializing in

criminal law (but not civil law) by section 11of the Canadian Charter of Rights andFreedoms, although in the 1986 case Valentev. The Queen it was found these rights arelimited. They do, however, involve tenure,financial security and some administrativecontrol.

The year 1997 saw a major shift towards judicial independence, as the Supreme Courtof Canada in the Provincial Judges Referencefound an unwritten constitutional normguaranteeing judicial independence to all

judges, including civil law inferior court judges. The unwritten norm is said to beimplied by the preamble to the ConstitutionAct, 1867. Consequently, judicialcompensation committees such as the

Judicial Compensation and BenefitsCommission now recommend judicial salariesin Canada. There are two types of judicialindependence: institutional independenceand decisional independence. Institutionalindependence means the judicial branch isindependent from the executive andlegislative branches. Decisional independenceis the idea that judges should be able todecide cases solely based on the law andfacts, without letting the media, politics orother concerns sway their decisions, andwithout fearing penalty in their careers fortheir decisions."

-Wikipedia: Independence of the Judiciary,Canada

English-language daily, made the followremark on Souter's position in Bush v. Gcase: "In a most critical and delicatesituation, David Souter had maintainedindependence of his position and in thisrespect had become a symbol of the

independence of the judiciary."[7][edit]State courtsState courts deal with independence of

judiciary in many ways, and several for judicial selection are used for both trial and appellate courts (including state sucourts), varying between states andsometimes within states. In some state

judges are elected (sometime on a partballot, other times on a nonpartisan onewhile in others they are appointed by thgovernor or state legislature.

The 2000 case of Bush v. Gore, in whichmajority of the Supreme Court, includinsome appointees of the first President Bover-ruled challenges to the election ofPresident Bush then pending in the FlorSupreme Court, whose members had aappointed by Democratic governors, is by many as reinforcing the need for judindependence, both with regard to the Supreme Court and the US Supreme Co

This case has focused increased attenti judicial outcomes as opposed to thetraditional focus on judicial qualification

-Wikipedia: Independence of the JudUnited

"A Canadian Prime Minister can appoint judges,ratify treaties, send Canadian men and women

into war, negotiate trade agreements, makepatronage appointments, set the date of electionsto suit his or her political advantage, determinewhen Parliament will be prorogued, when it will berecalled, and appoint the most senior publicservants, all without reference to the MPsCanadians have elected to represent them. This isa parliamentary dictatorship and it must bebrought to an end."-Bill Blakie: Member of Parliament (NDP)

"First Amendment: “Congress shall maklaw respecting an establishment of relig

or prohibiting the free exercise thereof;abridging the freedom of speech, or of tpress; or the right of the people peaceaassemble, and to petition the Governma redress of grievances.”

Virtually all of the law that has defined freedom in the United States is derivedthat short absolute phrase. It is a prohi



“There are of course limits to free speech andfree press guarantees, as the CanadianSupreme Court is quite ready to point out. Forexample, even though the press enjoys coreconstitutional rights of access and

publication, they do not have protection forall operational means and methods the pressmay choose to adopt. The press does not, forexample, enjoy immunity if they run apedestrian down in pursuit of a new storyunder the guise of "freedom of the press".Nor is a violent attack on someoneconsidered to be expression. Understandingfreedom of expression requires not onlyunderstanding its place in the Canadianconstitution, but also, understanding it withinthe context of society and society's

competing values.”

- Jonathan Wheelwright (www.unitednorthamerica.org/democracy )

on federal (and, through the FourteenthAmendment, state) government action,censorship, and control over the mediadoes not attempt to define “the press,”does it predicate the exercise of rights fulfillment of duties or responsibilities."

-http://www.america.gov/st/democenglish/2003/February/200808172236

oD0.566875

“The Prime Minister (PM), while not directlyelected by the people in national elections, istraditionally an elected representative of theparty that has the most seats in the House of Commons. Besides being able to preside asan un-elected official in the Senate (this hashappened twice in Canada's history), theappointed leader has a host of unilateralpowers:

To appoint the Governor General of Canada(through whom the PM technically exercisesmost of his/her powers, some of which arelisted below);

To appoint Senators to the Canadian Senate; To appoint Supreme Court justices and otherfederal justices;

To appoint all members of the Cabinet; To appoint the entire board of the Bank of Canada;

To appoint the heads of the military, RoyalCanadian Mounted Police, and othergovernment agencies;

To appoint CEO's and Chairs of crowncorporations such as CBC;

To dissolve Parliament and choose the time of the next federal election (within a 5 yearlimit);

"Elections for President and Vice Presidthe United States are indirect elections which voters cast ballots for a slate of electors of the U.S. Electoral College, wturn directly elect the President and VicPresident. They occur quadrennially (thcount beginning with the year 1792) onElection Day, the Tuesday betweenNovember 2 and 8.[1] The most recentelection occurred on November 4, 2008the next one scheduled for November 62012.

The process is regulated by a combinatboth federal and state laws. Each state allocated a number of Electoral Collegeelectors equal to the number of its Senaand Representatives in the U.S. CongreAdditionally, Washington, D.C. is given number of electors equal to the numbeby the smallest state.[3] U.S. territoriesnot represented in the Electoral CollegeUnder the U.S. Constitution, each statelegislature is allowed to designate a meof choosing electors.[2] Thus, the popuvote on Election Day is conducted by thvarious states and not directly by the fegovernment. Once chosen, the electorsvote for anyone, but – with rare excepti



To run for re-election indefinitely (no termlimits);

To remove Members of Parliament (MPs) fromthe ruling party's caucus;

To deny any MP the right to participate inparliamentary debate or run for re-election;

To dismiss individuals or groups of representatives from serving in Parliament;

To ratify treaties; and To declare war.”

-www.unitednorthamerica.org/democracy.htm

like an unpledged elector or faithless elthey vote for their designated candidattheir votes are certified by Congress in

January. The Congress is the final judgeelectors; the last serious dispute was in2000 election.

The nomination process, including theprimary elections and the nominatingconventions, were never specified in thConstitution, and were instead developthe states and the political parties."

-Wikipedia: United States PresEle

"Lobbying has been a part of Canadianpolitics from the earliest colonial period. Thegrants, monopolies and concessions thatmade possible the early voyages of Cartier,Gilbert, Frobisher, Hudson and others were

obtained through lobbying at court; thedecisions that favoured the FAMILY COMPACTand the CHÂTEAU CLIQUE were the result of lobbying the British Cabinet and Parliament.Popular stereotype depicts the lobbyist as awell-dressed, cigar-smoking individual whocorrupts public officials in order to obtaintheir support for the schemes of moneyedinterests. This figure can certainly be found inthe many scandals - from the PACIFICSCANDAL onwards - that Canada, in commonwith other political systems, has experienced.But few lobbyists work to achieve their endsthrough venal lobbying. The great majorityearn their salaries by applying theirknowledge of how policy is made and how toobtain access to the policy processes.Election promises led to the LobbyistsRegistration Act (Revised Statutes of Canada,1985, c. 44 [4th. Supp]) which requiredlobbyists to register. An electronic data basewas established and lobbyists working on aconsulting basis were required to identifytheir clients, the agencies they wereapproaching and the object of lobbying.Lobbyists working for associations orcorporations were asked only to identifythemselves and their employers. Critics foundthese information requirements too modest;the sanctions imposed on those who did notregister, inadequate, and the investigativepowers of the Registrar too limited. The fact

"The ability of individuals, groups, andcorporations to lobby the government iprotected by the right to petition[13] inFirst Amendment to the United StatesConstitution. Lobbyists use time spent w

legislators to explain the goals of theorganizations they represent and theobstacles elected officials face when dewith issues, to clients.Lobbying activities are also performed state level, and lobbyists try to influenclegislation in the state legislatures in eathe 50 states. At the local municipal levsome lobbying activities occur with citycouncil members and county commissioespecially in the larger cities and morepopulous counties.Since 1998, 43 percent of the 198 memof Congress who left government to joinprivate sector have registered to lobby the 'revolving door of influence'. TheLobbying Disclosure Act of 1995 and HoLeadership and Open Government Act o2007 increased regulation and transparIn 2009 U.S. President Barack Obama stwo related executive orders and threepresidential memoranda on his first dayoffice[14] with the goal of making hisadministration more open, transparent,accountable."

-Wikipedia: United States Lobby G



that the Registrar is a public servant, andthus subject to influence by the governmentof the day, also drew criticism from those whofelt that the administration of the registryshould be at arm's length from thegovernment.

-http://www.thecanadianencyclopedia.com/ind

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