Political Science 2230E Chapter Notes - Chapter 24: Canadian Judicial Council, Provincial And Territorial Courts In Canada, Supreme Court Act
11 Mar 2016
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Reading 2 chapter 24 the judiciary. Non-adjudicaion funcions: judges have been appointed to head royal commissions due to impariality. Stare decisis principle that precedents are binding on successive decisions (common law) Increased role of judiciary in policy process in canada recently i. e. courts giving litle weight to. Bill of rights 1960: courts inherently involved in policymaking through adjudicaion. Judicial review power of court to declare laws invalid, refuing supremacy of parliament, granted by ccrf 1982. Legal aid varies by province to assist those who cannot aford legal assistance. Plea bargaining aim of achieving agreement on charges pursued, agreeing to some charges and crown agreeing to drop others, avoiding a lengthy, costly trial. Pre-trial conference higher courts, can result in ime-saving clariicaions or negoiated setlements. Civil regulates relaionships between private paries, one party may take another to court: provincial jurisdicion usually property and civil rights are provincial, balance of probabiliies (>50%)
