The role of a judge in Canada.

• Author: Hardy, Dylan

Canadian society functions on the basis of the Rule of Law. This means many different things to many different people, but the intent is generally the same. Whenever two people have a conflict, the dispute needs to be settled in an equitable, fair and peaceful manner. Without the Rule of Law, disagreements can become violent affairs where there is justice for no one. In Canada we have entrusted the responsibility for maintaining the Rule of Law to a select few known as the Judiciary. The Judiciary is one of the three branches of Canadian government along with the Legislature and the Executive. It is in charge of every court in Canada, from the lowest trial judge to the members of the Supreme Court of Canada. Their duty is to independently uphold the tenets of justice for our nation. The role of a judge is to interpret and apply the law fairly to all Canadians.

The Passing of Legislation

In Canada the roles of various government institutions are clearly defined. This is important to ensure that each group deals with matters that are a part of their jurisdiction. The Legislative branch of Canadian government is elected by the people. These individuals have the power to create laws. When legislation is passed it becomes a statute (another term for law). In some cases this law is very specific and clear. In some other cases this law establishes something in principle but must be further developed in order to be of practical use in a courtroom setting. This is where the twin roles of a judge in Canada's legal system come in. They must apply laws which are specific in a fair way. When those laws need interpretation, it is the judiciary who must take on that task. There is of course, a good deal more involved in this situation than is immediately apparent. Let's examine those two ideas in a bit more depth to find out what is really involved.

Applying Laws in Modern Society

The job of the judge in this case is to take the evidentiary findings of the court and make a ruling based on them. There should be little question as to whether an offense occurred once the facts of the case have been presented. If a contract was breached by one party then the court can enforce the measures necessary to settle the dispute. In other words, the law is specific enough that no interpretation of what the law means is necessary. This type of action is by far the most common. In general, the lower the level of court, the more likely that the resolution of the issue...