Juries, Miscarriages of Justice and the Bill C-75 Reforms
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Job Description
GOVERNMENT OF NUNAVUT JOB DESCRIPTION 1. IDENTIFICATION Position No. Job Title Supervisor’s Position 05-NEW Executive Legal Officer, Court Director of Court Services, Nunavut Court of Administration – Nunavut Court of Justice Justice (05-09972) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05660-01-1-111-0545000-01-???? 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. The Nunavut Court of Justice (NCJ) is a unified trial court administering justice to the Nunavut territory. The NCJ has a current complement of five resident puisne judges, one Senior Judge and approximately 90 deputy judges recruited from other jurisdictions. The NCJ is a superior court with all the powers and legal responsibilities of both a superior court and a provincial or territorial court. The NCJ has a plenary trial jurisdiction in all civil and criminal matters and serves as an Appeal Court for matters originating in the Justice of the Peace Court. The NCJ Court registry also serves as a registry for the Nunavut Court of Appeal and is a receiving agent for the Federal Court of Canada. The court operates on a court circuit model and regularly sits in 25 communities across the Territory. The Executive Legal Officer, Court Administration (“ELOCA”), reports to the Director of Court Services (“Director”). In addition to the tasks and responsibilities assigned by the Director, the ELOCA works in tandem with the Executive Legal Officer, Office of the Senior Judge, to carry out assignments and responsibilities tasked by the Senior Judge and as such, from time to time, is supervised by and receives direction from the Senior Judge. -
National Directory of Courts in Canada
Catalogue no. 85-510-XIE National Directory of Courts in Canada August 2000 Canadian Centre for Justice Statistics Statistics Statistique Canada Canada How to obtain more information Specific inquiries about this product and related statistics or services should be directed to: Information and Client Service, Statistics Canada, Ottawa, Ontario, K1A 0T6 (telephone: (613) 951-9023 or 1 800 387-2231). For information on the wide range of data available from Statistics Canada, you can contact us by calling one of our toll-free numbers. You can also contact us by e-mail or by visiting our Web site. National inquiries line 1 800 263-1136 National telecommunications device for the hearing impaired 1 800 363-7629 Depository Services Program inquiries 1 800 700-1033 Fax line for Depository Services Program 1 800 889-9734 E-mail inquiries [email protected] Web site www.statcan.ca Ordering and subscription information This product, Catalogue no. 85-510-XPB, is published as a standard printed publication at a price of CDN $30.00 per issue. The following additional shipping charges apply for delivery outside Canada: Single issue United States CDN $ 6.00 Other countries CDN $ 10.00 This product is also available in electronic format on the Statistics Canada Internet site as Catalogue no. 85-510-XIE at a price of CDN $12.00 per issue. To obtain single issues or to subscribe, visit our Web site at www.statcan.ca, and select Products and Services. All prices exclude sales taxes. The printed version of this publication can be ordered by • Phone (Canada and United States) 1 800 267-6677 • Fax (Canada and United States) 1 877 287-4369 • E-mail [email protected] • Mail Statistics Canada Dissemination Division Circulation Management 120 Parkdale Avenue Ottawa, Ontario K1A 0T6 • And, in person at the Statistics Canada Reference Centre nearest you, or from authorised agents and bookstores. -
COVID-19 Guide: In-Person Hearings at the Federal Court
COVID-19 Guide: In-person Hearings at the Federal Court OVERVIEW This guide seeks to outline certain administrative measures that are being taken by the Court to ensure the safety of all individuals who participate in an in-person-hearing. It is specifically directed to the physical use of courtrooms. For all measures that are to be taken outside of the courtroom, but within common areas of a Court facility, please refer to the guide prepared by the Courts Administrative Service, entitled Resuming In-Person Court Operations. You are also invited to view the Court’s guides for virtual hearings. Additional restrictions may apply depending on the evolving guidance of the local or provincial public health authorities, and in situations where the Court hearing is conducted in a provincial or territorial facility. I. CONTEXT Notwithstanding the reopening of the Court for in-person hearings, the Court will continue to schedule all applications for judicial review as well as all general sittings to be heard by video conference (via Zoom), or exceptionally by teleconference. Subject to evolving developments, parties to these and other types of proceedings are free to request an in-person hearing1. In some instances, a “hybrid” hearing, where the judge and one or more counsel or parties are in the hearing room, while other counsel, parties and/or witnesses participate via Zoom, may be considered. The measures described herein constitute guiding principles that can be modified by the presiding Judge or Prothonotary. Any requests to modify these measures should be made as soon as possible prior to the hearing, and can be made by contacting the Registry. -
Was Duplessis Right? Roderick A
Document generated on 09/27/2021 4:21 p.m. McGill Law Journal Revue de droit de McGill Was Duplessis Right? Roderick A. Macdonald The Legacy of Roncarelli v. Duplessis, 1959-2009 Article abstract L’héritage de l’affaire Roncarelli c. Duplessis, 1959-2009 Given the inclination of legal scholars to progressively displace the meaning of Volume 55, Number 3, September 2010 a judicial decision from its context toward abstract propositions, it is no surprise that at its fiftieth anniversary, Roncarelli v. Duplessis has come to be URI: https://id.erudit.org/iderudit/1000618ar interpreted in Manichean terms. The complex currents of postwar society and DOI: https://doi.org/10.7202/1000618ar politics in Quebec are reduced to a simple story of good and evil in which evil is incarnated in Duplessis’s “persecution” of Roncarelli. See table of contents In this paper the author argues for a more nuanced interpretation of the case. He suggests that the thirteen opinions delivered at trial and on appeal reflect several debates about society, the state and law that are as important now as half a century ago. The personal socio-demography of the judges authoring Publisher(s) these opinions may have predisposed them to decide one way or the other; McGill Law Journal / Revue de droit de McGill however, the majority and dissenting opinions also diverged (even if unconsciously) in their philosophical leanings in relation to social theory ISSN (internormative pluralism), political theory (communitarianism), and legal theory (pragmatic instrumentalism). Today, these dimensions can be seen to 0024-9041 (print) provide support for each of the positions argued by Duplessis’s counsel in 1920-6356 (digital) Roncarelli given the state of the law in 1946. -
The Honourable Justice Louis Lebel**
A COMMON LAW OF THE WORLD? THE RECEPTION OF CUSTOMARY INTERNATIONAL LAW IN THE CANADIAN COMMON LAW* The Honourable Justice Louis LeBel** INTRODUCTION In an increasingly globalized world, the importance of international law to our domestic legal system continues to grow. This growth is both exponential and multi- dimensional. International law had been traditionally concerned with relations between states and about the status and action of international organizations. But today, not only is international law having a greater impact than ever on the state of domestic law, it also influences more areas of domestic law than ever. These areas include human rights, labour law, commercial law, intellectual property law, immigration and refugee law, and criminal law, to name but a few. In this paper, I intend to focus on the means by which customary international law exerts its influence on the Canadian domestic legal culture. As will be discussed in greater detail below, customary international law is developed by state practice and the recognition of the legally binding nature of this practice, while other parts of international law are grounded in treaties and other multilateral instruments, which reflect the contractual activities of states and organizations. I will address some intricacies of this process. Before I do so, however, I will use again an analogy which, at least for the classical music lovers, may be of some assistance to understand the issues of interaction of international and domestic law. A number of years ago, I co-wrote an article describing how the reception of international law into the Canadian legal order could be usefully compared to two distinct classical musical styles. -
Court Administration Systems
COMPARATIVE ANALYSIS of key characteristics of COURT ADMINISTRATION SYSTEMS Presented to the Canadian Judicial Council Administration of Justice Committee Administrative Efficiency in Trial and Appeal Courts Sub-Committee By Karim Benyekhlef Cléa Iavarone-Turcotte Nicolas Vermeys Université de Montréal Centre de recherche en droit public July 6th, 2011 © Canadian Judicial Council Catalogue Number JU14-24/2013E-PDF ISBN 978-1-100-21994-3 Available from: Canadian Judicial Council Ottawa, Ontario K1A 0W8 (613) 288-1566 (613) 288-1575 (facsimile) and at: www.cjc-ccm.gc.ca FOREWORD | iii Foreword In 2006, the Canadian Judicial Council published a report entitled Alternative Models of Court Administration. In exploring the trend towards governments granting greater administrative autonomy to the courts, the report offered seven different models present in a number of jurisdictions. In 2011 the Administration of Justice Committee of Council commissioned a research study which would present a comparison of key characteristics of court administrative systems against those models in common law countries including Australia, England and Wales, New Zealand, North Ireland, the Republic of Ireland and Scotland. Key to this comparative analysis was the collection of legislation, memoranda of understanding and other forms of written agreements between the Judiciary and the Executive. They outline which level of government is responsible for certain or all aspects of court administration. The report consists of two documents. Presented here is the first part, namely, a comparative analysis building on the seven models presented in the 2006 report and further analysing how each of the selected jurisdictions advances their work according to six specific characteristics of court administration. -
Dispute Resolution
PMS 7549C 2021 Dispute Resolution Doing Business in Canada airdberlis.com Dispute Resolution Aird & Berlis LLP CANADA’S COURT SYSTEM to review decisions, orders and other administrative actions of federal boards, commissions and tribunals. The purpose of Canada’s court system is to assist people in resolving their disputes in a just and At the apex of the court structure sits the Supreme equitable manner. In fulfilling this mandate, the Court of Canada. The Supreme Court hears appeals courts interpret and apply laws and address issues from all other Canadian courts. It has jurisdiction that impact upon all facets of Canadian society. over disputes in all areas of the law, including With the exception of the province of Quebec, administrative law, civil law, constitutional law and which administers a predominantly civil law system, criminal law. the provinces and territories of Canada have a legal system similar to those used in the United States and Great Britain, and administer the common law. THE INDEPENDENCE OF THE COURTS Judicial independence is a cornerstone of the Canada’s court system is organized in a four-tier Canadian judicial system. It is for this reason system. At the bottom of the hierarchy are the that Canadian courts are kept separate from the provincial and territorial courts. These courts hear legislature and the executive. This also means that cases involving either federal or provincial/territorial any government action may be reviewed by the laws and deal with a wide array of matters including, courts for compliance with the Constitution of but not limited to, criminal offences, family law Canada and the Canadian Charter of Rights and matters (except divorce) and provincial/territorial Freedoms. -
71 History of Factums Je Côté* I
HISTORY OF FACTUMS 71 HISTORY OF FACTUMS J.E. CÔTÉ* The history of the factum in Canada is little known Bien que l’histoire du mémoire au Canada soit peu but greatly significant in the development of written connue, elle a contribué de façon importante à argument. Written argument grew alongside the oral l’avènement de l’argumentation écrite, qui évolué en legal tradition. The factum developed in Canada in an parallèle avec la tradition de l’exposé oral. Le unorthodox way. Unlike most Canadian laws and mémoire s’est implanté au Canada selon une voie peu procedures, which find their roots in common law orthodoxe. Contrairement à la plupart des lois et England, the factum originated in Quebec’s civil procédures canadiennes qui prennent leur fondement jurisdiction before being adopted in the Northwest dans la common law de l’Angleterre, le mémoire a pris Territories. This article explores the evolution of son origine dans le système de droit civil du Québec written argument and the historical use of the factum avant d’être adopté dans les Territoires du Nord- in the United Kingdom and Canada and details the Ouest. Outre un survol de l’évolution de practice of factum use in Alberta particularly. l’argumentation écrite et de la façon dont on a eu recours au mémoire au Royaume-Uni et au Canada par le passé, l’article expose en détail l’utilisation du mémoire en Alberta. TABLE OF CONTENTS I. INTRODUCTION .............................................. 71 II. EVOLUTION ................................................ 72 A. THE UNITED KINGDOM ................................... 72 B. QUEBEC ............................................... 74 C. THE SUPREME COURT OF CANADA ......................... -
Procedural Fairness and the Drafting of Reasons
Procedural Fairness and the Drafting of Reasons 17th Advanced Administrative Law & Practice The Canadian Institute October 24 - 25, 2017 Ottawa, Ontario Graham J. Clarke Arbitrator/Mediator 2 Procedural Fairness and the Drafting of Reasons TABLE OF CONTENTS Introduction ................................................................................................................................ 3 Recent Procedural Fairness Cases ............................................................................................ 4 Bias: Appearances Matter ...................................................................................................... 4 Evidence ................................................................................................................................ 5 Raising and deciding novel issues during the drafting process ............................................... 7 Quorum Matters: how much assistance can a decision maker receive? ................................. 8 A conclusion is not a decision ................................................................................................11 Conclusion ................................................................................................................................13 17th Advanced Administrative Law and Practice Graham J. Clarke The Canadian Institute Arbitrator/Mediator October 24-25, 2017 Ottawa, Ontario 3 Procedural Fairness and the Drafting of Reasons INTRODUCTION1 A client asked his new lawyer to guess why he had chosen to send him -
Government of Nunavut Employment Opportunity
GOVERNMENT OF NUNAVUT EMPLOYMENT OPPORTUNITY Title: Law Clerk Salary: $76,747.00 per annum; 37.5 hour/week Department: Justice Northern Allowance: $ 15,016.00 per annum Community: Iqaluit Union Status: Excluded Reference Number: 05-504827 Housing: Subsidized Staff Housing is Available Type of Employment: Term Closing date: November 16, 2018 @ 12:00AM Two years until April 30, 2021 EST Clerkship Program at Nunavut Court of Justice This is a Position of Trust and a satisfactory Criminal Record Check is required. This employment opportunity is open to all applicants. Reporting to the Executive Legal Officer, Office of the Chief Justice, the Law Clerk position will provide extraordinary working and learning experiences to recent law school graduates. The incumbent will assist all of the resident Judges, Justices of the Peace, and Deputy Judges, as well as the Executive Legal Officer in the Office of the Chief Justice. The position supports the Judiciary in the administration of justice in the territory, thus improving access to the justice in Nunavut. Additionally, the position assists with the administration of the Access to Court Records policy at the Nunavut Court of Justice. The successful candidate will have at a minimum a J.D. (Juris Doctor) or LL.B. (Legum Baccalaureus) from an accredited Canadian law school or its equivalent prior to commencing the position. The incumbent must have experience conducting legal research, preparing memoranda, legal writing, and analysis. Performing substantive and grammatical editing is also required. It is of primary importance for this position to have strong interpersonal and organizational skills. Experience in criminal law working in a court setting or a legal environment will be considered assets. -
A Gentle Reminder That Traditional Class Action Principles Are Not Passé?
A Gentle Reminder that Traditional Class Action Principles are not Passé? Christine Carron Senior Partner, Ogilvy Renault INTRODUCTION The Supreme Court of Canada’s decision in Bisaillon v. Concordia University will certainly spark a plethora of commentary from labour law specialists. In a narrow decision (four to three, Justices McLachlin, Bastarache and Binnie dissenting), the Supreme Court held that disputes arising over funding of the University’s pension plan were subject to the exclusive jurisdiction of a labour arbitrator and could not be resolved by way of a class action proceeding before the Quebec Superior Court. It is significant that there was no disagreement among the justices as to the principles that govern class action proceedings, collective agreements and the jurisdiction of arbitrators under those agreements. The justices were divided only with respect to the application of those principles to the specific facts of the case. We will leave it to others specializing in labour law to opine on whether the application of those principles to the facts at issue in the case will stand the test of time. Instead, this paper will focus on some of the principles applicable to class actions that were clearly enunciated and over which there was no disagreement. The reason is two-fold. First, these principles transcend the arena of labour law and have far-reaching implications for class actions generally. Second, their enunciation is all the more important given the paucity of judgments from the Supreme Court in Quebec class action proceedings. This paucity is due largely to the fact that judgments authorizing class actions may not be appealed in Quebec and many defendants prefer to settle when a class action is certified1 rather than risk an adverse judgment on the merits. -
Beyond a Reasonable Doubt: Does It Apply to Finding the Law As Well As
Beyond a Reasonable Doubt:Does it Apply to Finding the Law asWell as the Facts? Martin Friedland* 1. Introduction About a year ago I published an article in the Criminal Law Quarterly in which I examined the concept of proof beyond a reasonable doubt in criminal trials.1 I looked at its application to the proof of facts, historically, comparatively, and analytically. The standard of proof of facts Ð everyone agrees Ð plays a crucial role in the criminal process. What role does reasonable doubt play with respect to determining the criminal law, particularly the scope of statutory provisions? I had nevergivenseriousthoughttotheissue.Iknew,ofcourse,thatthereis a rule of strict construction of criminal legislation Ð known in the United States as the Rule of Lenity Ð and assumed that the rule only applies if there is a tie, which is really a balance of probability test. In other words, the better argument wins, with the ultimate burden being on the Crown.2 Many, if not most, readers probably assume this is the correct approach. The standard for finding the criminal law, like the standard of proof of facts, is important, yet surprisingly little has been written aboutit inCanada,3 unlikeinthe UnitedStates,wherethereare many major articles.4 There are, of course, relatively brief discussions in * Martin Friedland, CC, QC, University Professor and Professor of Law Emeritus, University of Toronto. I would like to thank Pavle Levkovic and Michael Stenbring for their excellent research assistance. I am also grateful to Ben Berger, Michael Code, Timothy Endicott, Matthew Gourlay, Kent Roach, Bob Sharpe, Simon Stern, Malcolm Thorburn, and Wes Wilson for their helpful comments on earlier drafts.