Role of a Judge in Canadas Constitutional Democracy

Document Type:Thesis

Subject Area:Management

Document 1

The constitution also details the powers that the arm of the government possess and most importantly, it explains the roles that judges who are critical players in the judiciary1. The constitution describes the work of the judges, and most importantly it states how they are supposed to handle themselves in the process to ensure that the right of other individuals is not infringed with. Judges form a distinguished group of individuals in the Canadian judiciary. The acceptable way of referring to them is using some of the following terms, "My Lord," "My Lady," "Your Honour" or even "Justice. "(“Judiciary in Canada”). , 1985, c. J-1”). According to this act, the judges in the Canadian judiciary are tasked with presiding over the court process and by the end offer or provide a ruling.

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There are various categories of judges who work in the system and include the chief justice, senior associate chief justice, associate chief justice, supernumerary judge and a senior regional judge (Bayefsky, 1986). Each of these categories is tasked with running the operations of various courts that fit the description of their qualifications. Other categories of courts include marital courts, General courts among others. All these are led by particular judges tasked with trying any courts presented to them by any Canadian citizen (Bayefsky, 1986: “The Role of Judges-Backgrounder”). The process of deciding a case in the country involve a judge sitting down in a court of law and waiting for complaints to file their lawsuits with the court. Mostly, the most followed system is one involving the police where an individual suspected of committing a given crime is arraigned in court (“The Role of Judges-Backgrounder”).

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The police also present the evidence collected to help in the prosecution of the case. The judicial system ensures that any case presented to them is tried fairly based on the evidence provided (“The Role of Judges-Backgrounder”). In case, a complaint or defendant feels that the case was not decided in their favor in regards to the evidence they provide, such people are allowed to appeal for a retrial in a higher court and judges there are tasked with going through the case and identifying anything that was not done in the right manner. If they feel the case was not tried fairly, a retrial is conducted to give the disputing parties the best results possible. It is the role of the judges in courts capable of handling appeals to perform this vital role.

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Not all requests go for a retrial since some of the case rulings are upheld where the judges sitting in the higher courts feel that justice was served in, the lower courts. The primary role of the judiciary is to ensure justice is served and the judges happen to be the individuals behind the overseeing the dispensation of justice. Judges play essential roles which include presiding over oaths taking ceremonies of prime ministers and other elected leaders, sitting in courts of law to decide cases and also in determining the appeal of various lawsuits presented by people who fill justice was not served in their favor. All these roles as tasked to different judges depending on their qualifications and experience. However, it is important to note that no judge is considered more important than the other in Canadian judicial system since they all form a large system that oversees the serving of justice to the inhabitants of the nation.

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