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POLS 1400 (219)
Nanita Mohan (163)
Lecture 5

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Political Science
POLS 1400
Nanita Mohan

Chapter 24: The Judiciary Categories of Laws Civil Law (private law): regulates relationships between two private parties such as individuals or corporations. If private agreement cannot be reached, one may take the other to court. Criminal law: federal responsibility, uniform throughout country, consolidated in the criminal code. - most be proven “beyond a reasonable doubt” Public law: public interest, includes constitutional law, administrative law, and taxation law. Constitutional law: involved questions about federal or provincial jurisdiction- usually government themselves are the parties in the case. Administrative law: concerns the operation of government departments and agencies Structure of the courts Mccormick describes the logic of the Canadian court structure as follows: first: identify the more routine cases and those that involve less serious possible outcomes and assign them to an accessible high volume, low delay court, preferably provincial courts second: assign the less routine and more serious cases to a lower-volume court that can devote more time and more focused attention to each individual care (superior trail courts) Third: establish a court of appeal to correct simple errors and to promote uniformity in the application of the law within each province (provincial courts of appeal) Fourth: establish a “general court of appeal” to promote uniformity in the application of the law within the country as a whole and to provide judicial leadership (supreme court of canada) Fifth: create a system of federal courts for cases directly involving the federal government as a party or raising issues concerning the administrative law applied by federal departments (federal court of canada) Supreme court of canada | | | Federal court of appeal | | | | federal court tax court of canada | | | Court of Appeal | Superior Trial Court | Provincial and Territorial Courts Provinical courts - summary offences including less serious crimes - most aspects of indictable offences, some mandatory and others optional -preliminary hearings for most serious crimes -bail hearings -youth criminal justice act offences -Family law, except divorce and proceedings flowing from divorce -Small civil cases The Superior Trial Court - the accused has the option of trail by judge alone or trail by judge and jury. -some mandatory and other elective indictable offences -civil matters over a given monetary amount -divorces and proceedings flowing therefrom -appeals from lower courts regarding summary convictions, juvenile, and family cases -Administrative law cases The Federal Court of Canada - established in 1971, replaces the exchequer court - to develop a more unified and cohesive body of federal administrative law. - regulatory tribunals: government agencies established to regulate an area of public policy, such as transportation or communications, that operate at arm’s length from the cabinet and often have quasi-legislative and/ or quasi-judicial powers Functions: - cases involving admiralty law and copyright, trademark and patent disputes - citizenship and immigration appeals - civil cases involving the federal government - appeals from boards of referees under the employment insurance act The Supreme Court of Canada - 85 percent of its work consists of hearing appeals from the provincial and territorial courts of appeal in civil and criminal cases. - Reference cases: cases referred to the courts by provincial or federal cabinets in order to obtain a ruling on their constitutionality. Selecting Leading Reference Cases
 - Anti-Inflation Act Reference 1976: Patriation Reference, 1981 Quebec Veto Reference, 1982 Milgaard Reference, 1992 Goods and Services Tax Reference, 1992 Quebec Education Act reference 1993 Quebec Secession Reference, 1998 Firearms Act Reference, 2000 Same-sex marriage Reference, 2004 (all on page 668) Judicial Committee of Privy Council (JCPC)- a committee of the British parliament that functioned as Canada’s final court of appeal until 1949 Supreme Court Act- the 1875 law of the Canadian parliament that provided for the supreme court of canada and that serves as a legal base for the institution in the absence of further constitutional entrenchment Supreme Court Appeal Process Applications for Leave to Appeal Appeal as of Right References Cases From Federal Cabinet | | | | | | | | Reject Accept ---> Appeal Heard< --------| | | Formal Judgment The Appointment of Judges - Supreme and Federal judges are appointed by the federal cabinet - Provincial court judges are appoint
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