LAWS 1000 Lecture Notes - Lecture 5: Law Society

11 views2 pages
10 Aug 2016
Department
Course
Professor
Law
Feb 7
New role of judge
-role of judge changes dramatically in 1980’s
-judges were now able to strike down legislation.
New reality for judges
-judges almost become like clerks, rubber stamping plea bargains more often than making trial
decisions.
Judge in Canada
-government has tried to make process more transparent.
-need to practice for at least 10 years.
-name can be put forward by law society of your own province
-the cabinet then discusses who would make a better judge and the GG appoints the judge that is
recommended by the cabinet.
Appointment v election
-in the process of election it is a lot more open but a lot more political.
-gives the appearance of transparency even though it really isn’t. no real serious questions asked
-by electing judges it makes them out to be like politicians.
Judicial training
-judges receives no training.
-we assume that lawyers would know how judges should behave.
-the NJI is run by judges
-there is no measure to determine how well the NJI works
Creation of CJC
-in 70’s number of judge had grown.
-a society of judges that judge the conduct of other judges. Mostly filled by appeal court judges
-the CJC is not a court of appeal. If you think the judge mad a bad decision that’s not necessarily
misconduct, should simply appeal to higher courts.
-when misconduct takes place there is a hearing. Judges that are accused can choose to testify or not
-cant remove judges even if misconduct does take place.
-admonish/denounce the judge
Berger Affair
-Berger gave a chance for aboriginals to have their interest met in the Mackenzie Delta Pipeline.
-this effectively told judge that their opinion on political matters should not be heard in public.
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class