SSCI 1010U Lecture Notes - Lecture 3: Alternative Dispute Resolution, Restorative Justice, Canadian Judicial Council
Document Summary
Constitutional framework: power to establish courts, power to determine procedure before courts, power to appoint judges. Power to establish courts and appoint judges: in order to understand the organization of courts in canada, one needs to know which level of government has the following powers: To appoint judges: canada"s federal structure has de nitive impact on the organization of courts. Power to establish courts: s. 92(14) of the constitution act, 1867 - provincial power to establish and administer civil and criminal courts, s. 101 of the constitution act, 1867 - federal power to establish the general court of. Appeal for canada, and any additional courts for the better administration of the. Power to appoint judges: s. 96 - federal power to appoint judges to provincial superior courts and to federally created courts, provincial power to appoint judges to lower level provincial courts. Function of courts: resolving disputes, interpreting legislation, overseeing administrative decision making, reviewing constitutionality of government actions and/or legislation.