POLS REVIEW Q and A

Distributional effects of courts

Courts shape who benefits or loses from law by interpreting legislation and rights, influencing policy outcomes and social resource distribution.

Judicial independence

Ensures legitimacy but reduces direct accountability, creating tension between democratic control and impartial justice.

Insulation from politics

Judges need to be insulated from politics, but too much insulation can make them seem unaccountable to the public.

Public law vs. Private law

Public law includes constitutional, criminal, and administrative law; private law includes contract, tort, and family law.

Court structure in Canada

Provincial courts (s. 92), superior courts (s. 96), and federal courts (s. 101) with distinct jurisdictions.

Provincial courts

Handle most criminal and family cases in Canada.

Role of the Attorney General

Represents the Crown in legal matters and oversees legal policy and law reform.

Legal independence vs. political consequences

Judicial independence can lead to political repercussions for officials acting alone in their legal duties.

Justiciability requirements

Includes standing, mootness, ripeness, and political questions, generally relaxed in Canada.

IRAC model

Judicial reasoning process: Issue, Rule, Analysis, Conclusion.

Trial courts vs. Appellate courts

Trial courts hear facts and evidence; appellate courts review legal errors and precedents.

Judicial appointment process

Involves eligibility screening, nomination, short listing, review by Minister of Justice, and appointment by Governor in Council.

Judicial councils' role

Advise on conduct, investigate complaints, and recommend discipline or removal of judges.

Partisan influence in appointments

Appointments reflect government ideology or networks, potentially introducing bias.

Representation in the judiciary

Cases emphasize gender, regional, and bilingual representation; the Reference case confirmed SCC eligibility limits.

Reforms in judicial appointments

Aim to increase diversity, bilingualism, and transparency in the appointment process.

Judicial independence elements

Include security of tenure, financial security, and administrative autonomy.

Judges' ethical responsibilities

Judges must avoid bias, maintain dignity, and refrain from public political involvement.

Indirect action by interest groups

Includes education, research, and public campaigns to influence social change.

Pros of legal action for interest groups

Can create lasting precedent and gain visibility, though may be costly and slow.

Interveners in court cases

Submit written arguments to influence judicial reasoning and typically gain standing when their expertise is beneficial.

Epp and Rosenberg's argument

Courts can drive social change when supported by political and legal networks.

Court Challenges Program

Funding program to support equality and language rights cases.

Reference questions from governments

Advisory opinions requested from courts regarding constitutional or legal issues.

Direct access to courts

Allows for strategic and quick legal clarifications without waiting for a lawsuit.

Appeal cases

Provide a mechanism for reviewing lower court decisions for legal errors.

Judicial appointments and s. 96/s. 101

Core executive power shaping the long-term legal direction of the country.