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Judges must render a fair decision when there is a conflict between two parties. Their decisions are made on the basis of the facts and evidence presented to them, decisions previously rendered by other Canadian courts, and according to the law applicable to the situation. The judges' decision is final, unless one of the two parties refers the case to a court of appeal.
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Jan 15, 2024 · The role of judges in interpreting and applying the law. Judges play a crucial role in the legal system by interpreting and applying the law. They analyze statutes, regulations, and constitutional provisions to determine their meaning. By applying the law, judges ensure fairness and justice in the resolution of legal disputes.
The Judge’s Role. Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice: legal cases are contests between ...
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The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. (See also Di...
Judges do not legislate or enforce the law; that is the role of the legislative and executive branches of government and its departments and agencies. The role of judges is to interpret and apply the law in various cases. Judges interpret the intent and application of written statutes passed by Parliament and the provincial legislatures. They also ...
The Constitution Act, 1867 and the federal Judges Act provide for the appointment, removal, retirement and remuneration (including matters such as pensions) of federally appointed judges. Most federal appointments are made by the governor general on the advice of the minister of justice and the cabinet. The federal government appoints judges to the...
Provincial appointments are made by the attorney general or minister of justice of the province or territory. They do so after consultation with cabinet. In most provinces, the attorney general appoints a judge only after a review of the application by a provincial judicial council. This council contains a broad representation of members of the leg...
Since the 1980s, the composition of the judiciary has changed with the appointment of more women and younger people to the bench. In recent years, there have also been calls by lawyers and legal organizations to increase the number of visible minorities on the bench. These would include Indigenous judges and Black judges. (See also Prejudice and Di...
Federally appointed judges hold office until the mandatory retirement age of 75. This applies if they are serving on the Supreme Court, the Federal Courtor a provincial superior court. After they have served 15 years on the bench and have reached the age of 65 or more, they can partially retire or go “supernumerary.” (This means they would only occ...
The Canadian Judicial Council was created under the Judges Act. It is made up of the various federally appointed chief justices and associate chief justices of the superior courts; as well as the senior judges of the territorial courts. It is chaired by the Chief Justice of Canada. The Council provides continuing education for federally appointed j...
The reasons for judicial appointments have always been surrounded with secrecy. This fuels the belief that political considerations influence the appointments. It is widely held that to become a judge, it helps to be politically connected with the political party in power; or that some judges get their positions and promotions as patronagefavours. ...
The Hon. Sheilah L. Martin. The Hon. Nicholas Kasirer. The Hon. Mahmud Jamal. The Hon. Michelle O'Bonsawin. The Hon. Mary T. Moreau. The Supreme Court of Canada consists of nine judges, including a chief justice to be called the Chief Justice of Canada. All judges are appointed by the Governor in Council and must have been either a judge of a ...
The Canadian Judicial Council (CJC) is responsible for federally appointed judges. It consists of the chief justices and associate chief justices of all of the federal courts and provincial/territorial superior courts. It promotes efficiency, consistency, and quality judicial service in these courts. One of the Council’s tasks is to ...
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The role of Judges In Canada, judges are appointed by either the provincial government or the federal government, they are never elected. They are the masters of the courtroom and their role is to interpret and apply the law. They are there to keep order in the court and rule on the evidence presented to them. They hear motions, oversee jury trials, or sit in judgment of cases without juries ...
