The placement of judges on a raised dais within the courtroom is also designed to signify the authority and impartiality of the judiciary and to recognize the importance and the solemnity of the proceedings. [...] The principle of judicial independence takes on two main dimensions, namely: The adjudicative independence of judges on an individual level; and The independence of the judicial institution through the administration of justice that is separate from the executive and legislative branches. [...] To preserve judicial independence, the Constitution of Canada and decisions of the Supreme Court of Canada requires the following elements [Sections 99 and 100 of the Constitution of Canada]: 1. [Security of tenure]: Once appointed, a judge is entitled to serve on the Bench until the age of retirement, unless, for Superior Court judges, both houses of Parliament agree that the judge should be remo [...] Judicial Appointments Process The system of judicial appointments must instill public confidence in the judiciary: The first goal of this safeguard is to appoint competent, independent persons of unimpeachable integrity as judges; and The second objective is to ensure the impartiality of judges after their appointment to the bench. [...] Many measures exist to ensure that judges are held accountable, including: The absolute requirement that cases be decided in open court according to the law and the evidence; The duty to provide sufficient reasons for their decisions, which will be available in the public domain; The obligation to decide cases according to the evidence and the law; Accountability to the public interest for
- Pages
- 48
- Published in
- Ottawa, ON, CA