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Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.
Author : Martin L. Friedland,Canadian Judicial Council Publisher : Canadian Government Publishing Page : 432 pages File Size : 44,9 Mb Release : 1995 Category : Government publications ISBN : UIUC:30112021681413
A Place Apart by Martin L. Friedland,Canadian Judicial Council Pdf
How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.
William R. Lederman,Canadian Institute for the Administration of Justice
Author : William R. Lederman,Canadian Institute for the Administration of Justice Publisher : Osgoode Hall law School, York University Page : 272 pages File Size : 48,5 Mb Release : 1976 Category : Law ISBN : STANFORD:36105043706550
The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf
The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Defining Rights and Wrongs by Rosanna Lillian Langer Pdf
The domestic processing of human rights complaints attracts a great deal of public attention and interest. Yet despite this scrutiny, there is still much below the surface that we don’t know. When people contact the human rights commission or a human rights lawyer, how do they think about and use human rights discourse? How do the legal professionals involved characterize the experiences they describe? How are complaints turned into cases? Can administrative systems be both effective and fair? Defining Rights and Wrongs investigates the day-to-day practices of low-level officials and intermediaries as they manage the gap between social relations and legal meaning in order to construct domestic human rights complaints. It documents how agency staff struggle to manage a huge body of claims within a system of restrictive rules but expansive definitions of discrimination. It also examines how independent human rights lawyers and advocacy organizations challenge human rights commissions and seek to radically reform the existing commission/tribunal structure. This book identifies the values that a human rights system should uphold if it is to be both fair and consistent with its own goals of promoting mutual respect and fostering the personal dignity and equal rights of citizens.
Administering Justice for the Public by Canadian Judicial Council Pdf
The Canadian Judicial Council has concluded that Canadian courts and the public they serve would benefit by moving from an Executive-led model of court administration to a model of limited autonomy for self-governing Courts, or a "judicial responsibility" model. The judicial responsibility model has a proven track record in delivering court services in those parts of the world that have embraced it. The Federal Court of Australia is a good example of how this model works. In Australia, the Government is responsible for making the final decision on the Court budget and the Court is responsible for deciding how best to spend that budget on the operation of the Court.
Ethical Principles for Judges by Canadian Judicial Council Pdf
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Alternative Models of Court Administration by Anonim Pdf
The Canadian Judicial Council has long been aware of the inefficiencies of the executive model of Court administration as well as the challenge it presents to the independence of the judiciary. [...] The Subcommittee believes the alternative the Report calls the "Limited Autonomy and Commission Model" will best achieve the goals set out in the terms of reference and what the Supreme Court of Canada refers to in the Remuneration Reference as the constitutional imperative of depoliticizing, to the extent possible, relations between the judiciary and other branches of government. [...] The models examined in this report address two kinds of relationships: 1. the relationship between the judiciary and the government-that is, the relationship that defines the accountabilities and responsibilities of the judiciary or "Court" 2 with respect to court administration policy and operations vis-à-vis the government or the Legislature, the Attorney General and/or the CEO of an independent [...] The second part of the discussion looks at possible institutional obstacles to change in the area of administrative autonomy, namely the federal and parliamentary structures of Canada in the context of the separation of powers. [...] However, the independence of the judiciary, the effectiveness and efficiency of the courts, and public confidence in the justice system requires an improved and robust model that ensures that jurisdictions take full advantage of more of the types of improvements that have already proven to be advantageous.
Manufacturing Guilt (2nd edition) by Barrie Anderson,Dawn Anderson Pdf
Manufacturing Guilt, 2nd edition, updates the cases presented in the first edition and includes two new chapters: one concerning the case of James Driskell and another regarding Dr. Charles Smith, whose role in forensic pathology evidence led to several wrongful convictions. In this new edition, the authors demonstrate that the same factors at play in the criminalization of the powerless and marginalized are found in cases of wrongful conviction. Contrary to popular belief, wrongful convictions are not due simply to “unintended errors,” but rather are too often the result of the deliberate actions of those working in the criminal justice system. Using Canadian cases of miscarriages of justice, the authors argue that understanding wrongful convictions and how to prevent them is incomplete outside the broader societal context in which they occur, particularly regarding racial and social inequality.
