Independence of the judiciary
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Chief Justice Beverley McLachlin and a contingent of other senior judges took a swipe on Tuesday at the Conservative government by asserting that the independence of the judiciary is "in peril" and that it must be free to make rulings "irrespective of political or ideological considerations.
The judiciary has an important duty toward every person who comes before the courts: to impartially hear and resolve disputes, to interpret the laws of the country and to uphold the Constitution," the council said in an "information document," which does not directly mention the prime minister.
"The Canadian Judicial Council accepts, despite these changes to the advisory committees, that judges can continue to participate in the deliberations but only if the principle of judicial independence is r...
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I must say I was taken aback," [Antonio Lamer] said of [Stephen Harper]'s blunt assertion last week in the House of Commons that he wants judges who will enforce his government's law-and-order agenda. "The prime minister is going the wrong route as regards to the independence of the judiciary. He's trying to interfere with the sentencing process.
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...Constitutional law - Independence of judiciary - Security of tenure of judges - Prov...
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... because it is inconsistent with the independence of the judiciary. The whole edifice of judicial in...
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Unlike in Ontario, where all charges are laid by police, Manitoba Crown attorneys pre-screen many cases and then decide whether to lay the charges. When Winnipeg's organized crime unit was first formed, prosecutors worked at the Public Safety Building with the officers. That was dispensed with as it was felt there was value in keeping prosecutors at arm's length from investigations. The constitutional separation of powers of police, prosecutor, defence and the judiciary preserve the independence of each office. This allows the work of one to be critically examined by the next. Manitoba has ample experience with "tunnel vision" -- the single-minded pursuit of a case against a suspect by those convinced of his guilt. Tying a prosecutor to an investigation heightens the risk of that.
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... consultants lack sufficient independence from the Minister of Citizenship and Immigration (...] LSUC says that the independence of the judiciary is a fundamental element of democratic government ...
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... guarantees of judicial independence, even though the Constitution Act, 1867 is not the... case heard by a fair and independent judiciary. [81] As we understand this argument, the focus of...
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...The concepts of "independence" and "impartiality" found in s. 11(d) of the Chart... all, should be under the control of the judiciary rather than the Executive, their control by the Ex...
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...Protected Independence of the Judiciary?....................................
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...30. Constitutional law - Judicial independence - Provincial legislation authorizing civil actions... not violate the independence of the judiciary. A court called upon to try an action brought purs...