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Greg Flynn (95)

Week of October 15, 3NN6

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McMaster University
Political Science
Greg Flynn

Started on: 10/15/2013 12:31:00 PM Last saved on: 11/10/2013 5:37:00 PM C LASS N OTES FOR : 3NN6 McMaster University, Fall 2013 O CTOBER 15, 2013 SCOPE OF JUDICIAL REVIEW The level of defense afforded to the actions of the legislative and executive branches of government. Full Intermediate Narrow Civil and Political RightsJurisdiction Statutory Powers (Constitutional Manners; t(Administrative Law, courts do laws that are unconstitutidown;)ve the right to strike United States Canada United Kingdom JUDICIAL SUPERVISION How to get before a court where a judge can render an opinion; Four ways 1. DIRECTLY AFFECTED - If you are directly affected by actions of government; you may SUE the government for failing to provide a. E.G refusal to give license violates rights (constitutional) b. Non-constitutional 2. CHARGED WITH OFFENSE - Involved in a proceeding against you by the government (Charged with a criminal offence) a. Constitutional issues; and for the first 150 years of the history; if you had a problem with something you‟d argue that it was out of jurisdiction, but since 1982 its charter 3. SEEKING STANDING - Find an existing proceeding between the government and another party, argumentsst that the court lets you participate, but as someone who gets to come along and make a. “Seeking standings” – do not have something direct, but can participate 4. RESTRICTED TO GOVERNMENTS – Reference powers; governments can refer matters to the courts; for an advisory opinion on the constitutionality of a proposed law. C ANADIAN JUDICIARY 1) Structure of Courts a) Provincial courts entitled to degree of protection b) Provisions for protection (1) Provinces administer system of Justice; Responsible for Making Civil Procedure b) Determine judges that they need c) Federal government appoints and pays the judges d) Federal government is responsible for making criminal procedure; e) CIVIL – determined by Provinces f) CRIMINAL LAW – Determined by the Federal 1 Started on: 10/15/2013 12:31:00 PM Last saved on: 11/10/2013 5:37:00 PM g) Superior Court – Empowered; Jurisdiction to deal with almost all legal matters; h) Provincial Court of Justice (administered and appointed by the province); Superior Court of Justice; Provincial Court of Appeal i) Federal Court of Appeal; Federal Court Trial Division j) Supreme Court of Canada; Judicial Committee of the Privy Council JCPC k) Hierarchical in Nature; 2) Qualifications a) Member of the Bar for a period of 10 years in the province to which you are to be appointed. b) Eligible to practice law in this jurisdiction. c) Appointment; i) Practice area ii) Degree of expertise; trial experience; contributions to the practice, service. Etc. d) Trial  trial experience; e) There tends to be a pattern of where „conservatives‟ are in power; those who support conservative have been appointed to the bench. f) Effort to depoliticize; g) Attorney general makes the decision SUPREME COURT h) 3 Judges to come from Quebec sitting on the Bench; due to a different system of law from Quebec. i) PATTERN OF REGIONAL REPRESENTATION – 3 from Ontario, 3 from western Canada, 1 from Atlantic Canada, the general representation had gone to four members, historically (3) as women, but with Harper‟s appointment it has fallen back to 3. j) CHIEF JUSTICE (administrative position) – French and English judges. 3) Sc
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