POLS 3130 Lecture Notes - Lecture 13: Judicial Independence, Constitution Act, 1982, Jean Charest
17 Nov 2018
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Does a judge who did not disclose that there were naked pictures of her on the internet in her application to become a judge violate standards of good behaviour . An administrative judge refuses to allow a judge to spend his professional allowance to attend a conference on peace building initiatives in switzerland. No man shall be a judge in his own cause". Judge should not be partial to one side or the other. Protections: security of tenure, financial security, administrative independence including no interference by politicians. Trade-offs: good behaviour , non-interference in politics, some ties to larger system of governance, appointments, budgets, etc. Provisions in the constitution act, 1982: s. 11(d): any person charged with an offence has a right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.
