LAWS 1000 Lecture Notes - Lecture 18: Canadian Judicial Council, Provincial Superior, Superior Court
31 Aug 2016
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Document Summary
Constitution act 1867 divided responsibility between federal and provincial governments. Provincial superior court judges and appellate judges are appointed by federal government. They hear cases, determining issues and giving decisions according to legislation and common law precedent. They ensure the integrity of the rule of law by functioning independently of the legislative and executive branches. Superior court jurisdiction is broad, they hear matters of provincial and federal legislation (divorce, bankruptcy, banking, property law, estates, etc. ) There are three principles to secure independence from judges: (1) security of tensures: justices hold office according to good behaviour rather pleasure of the. The exclusion of senior judges from deliberating government cabinets was achieved with the development of the responsible cabinet gvt in 19th century (2) financial security: salary established and guaranteed by the parliament. Therefore, there is clarity and accountability (3) control of judicial administration: the judges act elaborates what they can and cannot do.
