Search results
Results from the WOW.Com Content Network
R v Généreux, [1992] 1 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court ruled that the military court martial system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms.
Tribunals in Canada are established by federal or provincial legislation, and generally refer to any persons or institution with authority to judge, adjudicate on, or determine claims or disputes. An administrative tribunal is a kind of quasi-judicial body that makes decisions on behalf of federal and provincial/territorial governments when it ...
In the Provincial Judges Reference (1997) expectations for judicial independence were heightened, with reference made to the preamble of the Constitution Act, 1867, which was said to imply judicial independence was an unwritten constitutional value applying to all judges in Canada. The requirement of an independent and impartial tribunal ...
The Court stated that a judge needs to be impartial and independent. Impartiality is "a state of mind" while independence is the quality of the relationship the judge has with the executive. The Court went on to say that even if a court acts as if it is independent, if its "objective status" does not match that of an independent court section ...
Special Operating Agencies (which are departmental organizations), and non-departmental organizations such as Crown corporations, administrative tribunals, and oversight organizations are parts of the public service operating in areas seen as requiring a higher level of independence from it and the direct political control of ministers.
The powers of the provincial legislatures to reduce the salaries of the provincial court judges was challenged as a violation of section 11(d) of the Canadian Charter of Rights and Freedoms, which gives an accused the right to be presumed innocent until proven guilty "in a fair and public hearing by an independent and impartial tribunal".
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
Canadian administrative law is the body of law "that applies to all administrative decisions, whether issued by front-line officials, ministers, economic regulatory agencies, or administrative tribunals, with interpretations of law and exercises of discretion subject to the same . . . rules."