POLS 3130 Lecture Notes - Lecture 4: Trial, Canadian Judicial Council, Constitutional Documents
Document Summary
No man shall be a judge in his own cause : fundamental fairness = impartial arbiter. Judge should not be partial to one side or the other. Judicial independence is for the judged not the judges. Ensuring judicial independence: british inheritance: act of settlement 1701 made judicial tenure guaranteed during good behaviour . Judges may only be removed by address of both houses of parliament. Judicial salaries set by law with o deviations for particular judges. Amended in 1960 to provide for mandatory retirement at 75 s. 100: salaries, allowances and pensions of the judges of the superior, district and county courts be fixed and provided by the parliament of canada . Composition of supreme court can only be altered by unanimous consent of the provinces and the federal government. Jean charest, then minister of fitness and amateur sport, resigned in 1989 after revelations that he had phoned a judge about a pending case.