LAWS 1000 Lecture Notes - Lecture 5: Law Society

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10 Aug 2016
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
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.
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