LAWS 1000 : Role of a Judge.docx
1 May 2012
School
Department
Course
Professor
Document Summary
Post-charter dramatic expansion of judicial review function (substantive vs. procedural) New major policy role for judges despite explicit denials by most. Have the power to declare anything unconstitutional. Make policy now (new policy role) not simply enact it. Judges have the final say on rights issues. Less about trial decisions was the traditional view now judges manage juries, provide clearer instructions to them, manage experts (determining quality), self-represented litigants requires more involvement. Appointed rather than elected (have to be a lawyer for at least 10 years) Most judges in canada are appointed by the federal government. Minister of justice recommends lawyers/judges to federal cabinet + governor general. Process is critiqued, there is pressure to make the system more open"/"transparent". Removal of judges in canada requires the approval of house of commons, the senate, and the governor general. Ongoing debate appointment means process is less *openly* political.
