NCJ Number
166318
Journal
Criminal Law Forum Volume: 7 Issue: 3 Dated: (1996) Pages: 605-637
Date Published
1996
Length
33 pages
Annotation
Judicial independence and impartiality are important in Canada's federal system, and public accountability helps to ensure judges conscientiously perform their duties.
Abstract
Following a brief history of judicial independence and accountability in England and Canada, the author points out that Canada's Charter of Rights and Freedoms contains a specific reference to judicial independence. Section 11 states that a person charged with an offense has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. Section 7 of this Charter also puts judicial independence on a constitutional basis. Beyond Canada's federal system, judicial independence is guaranteed by a host of international agreements and conventions of which Canada is a part, including the United Nations Universal Declaration of Human Rights, the European Convention on Human Rights, the International Convenant on Civil and Political Rights, and the United Nations Basic Principles on the Independence of the Judiciary. In addition, Canada has enacted the Emergencies Act of 1988 which does not permit derogation from the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The article concludes with a discussion of judicial codes of conduct and the judicial appointment and promotion process. 159 footnotes