Contents:
Judge
The Appointment of Judges to the Supreme Court of Canada
Although the Governor General legally has an unfettered discretion in the appointment of qualified men and women to be judges of the Supreme Court, since the 1970’s the governments of the day have, with some exceptions, followed the practice of consulting with other groups, such as the Canadian Bar Association, before exercising this appointment power.
Since 1949, a pattern of regional representation has been maintained under which three judges come from Quebec as required by statute, while by informal custom, there is a rough allocation (that is varied from time to time) of three judges from Ontario, two from the western provinces and one from the Atlantic provinces.
In the United States, where Supreme Court judges are nominated by the President, but must be confirmed by the Senate (representing the states), there is no procedure to “break” a deadlock.
The Canadian Charter of Rights and Freedoms reduced the number of division of powers cases heard by the Supreme Court and increased the number of cases concerning individual rights. A provincial or national bias–assuming that any such bias exists–is largely irrelevant to deciding Charter cases.
In the United States, they have a double veto. The fact that the Senate rejected 20 presidential nominees did not really create any insurmountable problems. Two elected people usually manage to reach an agreement.
THE LAWYER AS JUDGE: Contents
This covers:
- Historical Perspectives (the Canadian perspective)
- Appointment Of Judges In Canada
- Judges’ Powers (see below)
- Judges’ Duties
- Judges’ Independence (see below)
- Judges’ Conduct – Other
- Codes of Conduct
- Discipline, Canadian Judicial Council (and provincial boards)
- Judges, Biases
Judges’ Powers include:
- the power to control court process
- the power to decide
- the power to change the common law
- immunity from suit, proceedings
- inherent powers respecting jurisdiction
Judges’ Independence includes:
- constitutional entrenchment
- perceived encroachments on independence
- independence to speak out
Judge
This section offers an overview of Judge under Canadian law, reporting on the provincial jurisdiction differences.
Concept of Judge in Ontario
This section provides the essential definition of Judge relevant or under the laws of Ontario: The person authorized to determine legal matters in court.
Definition of Case Management Judge or Master
Case Management Judge or Master meaning or descrpition: court official assigned to each case managed case to ensure court control over the case on its way to trial (Source of this concept of Case Management Judge or Master: emp.ca/books/318-5)