Browse "Judiciary"
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Justice Systems of Indigenous Peoples in Canada
Underlying the move toward the establishment of an independent or quasi-independent Indigenous justice system is a recognition that there are certain values and customs historically attached to Indigenous communities. In addition, the concept of an independent justice system is viewed as being consonant with the notion of the inherent right of Indigenous self-government.
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Appeal
Appeal, judicial process by which a party complains to a higher court that a decision against him or her by a lower court was wrong and should be reversed.
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Arbitration
Arbitration is a process for resolving legal disputes by recourse to a neutral third party tribunal chosen by the parties in dispute.
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Attorney
Attorney, someone appointed to represent another or to act in his place. Power of attorney is the legal document appointing this representative.
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Attorney General
The office of attorney general is essentially that of the chief law officer of the Crown. In that capacity, the attorney general is responsible for the conduct of prosecutions of offences on behalf of the Crown and serves as solicitor to the Crown in respect of any civil matters.
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Barrister
Barrister, member of legal profession in England who has exclusive right of audience in high and superior courts. Usually retained by a solicitor, barristers have unique legal status.
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Injunction
An injunction is an equitable judicial remedy issued at the court's discretion. It usually takes the form of an order preventing or restraining a person from performing an act. The order may also take a mandatory form by compelling someone to do something.
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Judiciary in Canada
The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.
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Jurisprudence
The term "jurisprudence"means literally and traditionally "practical wisdom about law," the intellectual capacity to frame and apply laws according to sound theoretical principles. Nowadays, the term has several different meanings, all descendants of this classical sense.
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Education Guide
Introduction to the Justice System in Canada Learning Tool
A healthy democratic society functions best when its population is educated and engaged as active and informed citizens. This tool is designed to help educators help students think critically about the history and basic principles of the justice system in Canada. The tool focuses specifically on certain key moments, documents, and institutions that are fundamental to the origin and development of the current system in Canada.
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Perjury
A witness in a judicial proceeding who knowingly gives false evidence with intent to mislead the judge or jury commits the crime of perjury. If a person knowingly makes a false statement under oath outside a judicial proceeding, he or she would also be guilty of an offence.
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Royal Commission Inquiry into Civil Rights
The Royal Commission Inquiry into Civil Rights was an investigation into the status of civil rights in Ontario. It was commissioned by the Government of Ontario in 1964. It was completed in 1971. Chaired by judge James Chalmers McRuer, it was also known as the McRuer Commission of 1971. Its final report totalled 2,281 pages and included 976 suggested legal reforms. The inquiry was highly influential. It prioritized ideas of fairness, accessibility and equity within the justice system. It also led to reforms in other branches of government to protect those principles. It was an important precursor to the Charter of Rights and Freedoms.
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Social Justice
With the arrival of INDUSTRIALIZATION over the course of the nineteenth century, early attempts to aid the poor were linked with ideas of moral and social reform and were intertwined with religion.
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Supreme Court of Canada
The Supreme Court of Canada is the highest court in Canada’s judicial system. It has jurisdiction over federal and provincial laws. Founded in 1875, the Court was at first subject to being overruled by the Judicial Committee of the Privy Council in Great Britain. The Supreme Court has had the final judicial say on legal and social issues in Canada since 1949. The Supreme Court bench is comprised of nine judges including the Chief Justice of Canada, currently Richard Wagner. At least three justices must be from Quebec. All judges are nominated by the prime minister and appointed by the governor-in-council (the governor general and the Cabinet).
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