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The Courts (Canadian Judicial System (Courts are unified, linked to…

- - - - Federal – criminal law, various non-criminal statutes and offenses
      - Provincial – most private law
  - - - Arm’s-length bodies under broad ministerial responsibility
      - No single model but typically a combination of three roles
        
        Adjudicative – decisions on cases
        
        Policy making, second-level regulations,licensing
        
        Complaints – review administrative actions
    - - the role the courts play depends on the nature of the institutions they’re reviewing
      - In the context of judicial review, the ability of the courts to grant relief from administrative actions, and the nature of relief, is shaped by the category of function under review:
        
        Judicial functions – no policy discretion, wide scope for judicial review
        
        Quasi-judicial functions – limited policy discretion, some scope for judicial review
        
        Administrative functions – greater policy discretion, judicial role primarily limited to procedural fairness, errors in law and jurisdiction
  - - - Legal policy
      - Legislative drafting
      - Litigation on behalf of the federal government
      - Legal advisory services (departmental units)
      - Regional offices
- - - - Governor in Council instrument opens way to patronage
        Has been balanced by consultations with legal community
        Some Parliamentary vetting of Supreme Court appointments
    - - Other side of the coin from judicial independence
      - Canadian Judicial Council provides some oversight
    - - Dealing with complex issues, limited training in mediation
  - - - Notwithstanding these developments, Charter-based judicial review continues to be limited
        
        Relatively small number of cases, low success rate, high cost
- - - - Juries -
        
        Right to a trial by a jury of one's peers is a cornerstone of the justice system and one of its oldest institutions
        
        Support the judge, protect individual rights, involve the community in the administration of justice, civic responsibility (“jury duty”)
        
        Juries are used in three types of legal proceedings, usually at the option of the defendant
        Criminal cases – jury of 12 – decide on basis of facts of the case
        Civil litigation – jury of 6 – decide based on facts, award damages
        Coroner’s inquest – jury of 5 – determine facts, recommend
        
        Jurors must be Canadian citizens, 18 years or older and residents of the province
        
        Names of potential jurors selected at random from voters’ list
        In Ontario lawyers and full-time students, others, are exempted