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.