Judges they have a separate branch for civil

Judges in the judiciary of a
country play an important role in the
preservation of a free and democratic society necessities. There is a crucial
need for a judiciary which is unconfined to make independent, impartial interventions, and to apply the law as he or
she understands it, without fear or favor, and without regard to whether the
decision is popular or not. The Canadian Judicial Council is a statutory body
which is composed of all the federally appointed Chief Justices and Associate
Chief Justices across Canada, and which is chaired by the Chief Justice of
Canada, has the authority to improve the quality of judicial service throughout
Canada. (Richard, 2000)

The designations and levels of
judges are assigned to a particular
hierarchy in the Canadian judicial system. The first level of judges is assigned to
a town or a community. They may be in service as full time or part time
according to the assignment of their work as a judge.
The first level judges mainly deal with
cases such as traffic violations, bails etc… The next level of judges is of the provincial court judges appointed by
the Attorney General of the respective provinces. These judges mainly deal with
criminal cases while they have a separate branch for civil and family law. Then
the next level of judiciaries is the
Queen’s Bench of court, a superior court appointed by the federal government.
This court deal with civil, criminal, bankruptcy, reorganizations etc…The
federal judges indulge in the federal
aspects of the country and the aspects of the political parties.  The higher levels of court are the court of
appeal which is a panel of three judges
and finally The Supreme Court of Canada. (Major, 2017)

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Outline of Canada’s Court System (Organization of the Department of Justice, 2017)

Role of Judges in Constitutional Democracy

The judicial system of Canada has
refined to perfection after the implementation of the charter of rights. Canada
started enjoying the advantages of a jurisprudence system through the
availability of justice in different forms through the interventions and
decisions made by judges. The role of a judge is marked substantially to a
certain extent possible to ensure democracy in Canada. Whenever there is a
threat to the democracy occurs judges or the court system plays an important
role to preserve the constitution with its true dignity.  

The role of a judge in the
constitutional democracy is like a linkage in between the judicial process and
the stability of the democracy. The judges also ensure that whether the judiciary has played a proactive
role in ensuring democracy in the system of governance of the country. The
judges also overview any lapses on the
part of the judiciary whenever there was really a need for intervention by the judiciary
to see that the democracy is not at all a stake. (Mithra, 2015)

Inherent Advantages of a Judge

The inherent powers and advantages
of a judge are interrelated. The primary
objective of a judge in the democracy is to ensure stability and accountability
in governance. They also make certain to provide justice, establish a law based
system, guarantee and protect civil liberties. The Judge should retain
the power of judicial review which should be part of the inherent power of the
court to see that the other organs of the government are acting within the
limits conferred on them by the constitution. The judge plays a crucial role in working out of democracy by ensuring civil
liberties. This also reflects the political aspects of the courts in evolving
civil rights. Sometimes courts step in to solve national issues which are
affecting a community, group or the country as a whole. This serves as a
significant effort in the preservation of a free and democratic society necessities.

Judges are not politicians, but
they play a characteristic and unique role in the Canadian constitutional
democracy. To make a parliamentary system under the rule of law work, we need
neutral, independent arbiters. We need independent arbiters to settle issues
relating to the electoral process. We need independent arbiters to determine,
when conflicts arise, what falls to the federal government under section 91 and
what falls to the provinces under section 92 of the British North America Act.
And we need independent arbiters to adjudicate citizens’ claims that the government
has unjustifiably violated their Charter rights. (Beverley,
2003)

 

Independence of the Judges for better democracy

Another significant function of the
court is to ensure the attainment and continuity of the acceptance for the
public thereby taking consideration of the support of the public in court
proceedings and decisions taken. (canadian superior courts judges
association, 2006)
Judges must be independent of other social institutions, including the
legislative and executive branches of government. Judges cannot discharge their
interpretative role impartially if they are captives of a particular
constituency, be it a corporation, an interest group, a political party or the
elected representatives of Parliament. The concept of judicial independence, fundamental
to our constitution, rests on this essential separation between judges and
politicians, be they the elected politicians of Parliament or the unelected
politicians of causes and interest groups. (Gerald, 2006)

Chief Justice Dickson of the
Supreme Court of Canada gave a useful description of judicial independence in
an important case. He wrote:

The role of
the courts as resolver of disputes, interpreter of the law and defender of the
Constitution requires that they be completely separate in authority and
function from all other participants in the justice system . . .

 

. . . the
principle of judicial independence has been the complete liberty of individual
judges to hear and decide the cases that come before them; no outsider – be it
government, pressure group, individual or even another judge – should interfere
in fact, or attempt to interfere, with the way in which a judge conducts his or
her case and makes his or her decision (Dickson, Beetz, Estey, McIntyre, & Lamer, 1986).

Accountability of Judges for Better Democracy

Judicial curiosity, kindled by the
creativity of counsel, allows the law to grow and develop. And of critical
importance is judicial courage. It is a myth to think that judges are not aware
of public expectations. Nevertheless, the judiciary’s role is to protect the
rule of law, the Constitution, and the
Charter. Judges must be brave and confident in their reinstate to make even the
most shunned decisions according to the law, the evidence and good conscience,
regardless of media or public disapproval. (Richard, 2000)Therefore the judges have to maintain the policy of accountability
for the smooth functioning of the democracy of a nation.

Conclusion

Canada is a country that has witnessed
many changes during its evolution as an independent country. The role played by
judges in this evolution is tremendous that helped the nation to foster as a
prosperous democratic independent country. The ideas, actions, investigations,
experience, and knowledge of the judges of Canada is a significant factor that
helped to stabilize and refresh the democratic idea of the country. Relevant
interventions of the judges from the basic traffic violations through criminal
cases to fundamental constitutional arbitrational interference played a
substantial as well as critical role in the maintenance of the democracy. Today
the Canadian court system is playing its transparent role in and as a resolver
of disputes, interpreter of the law and defender of the Constitution and the
Charter. Hence the system of courts decorated with knowledgeful judges are
actively contributing to the betterment of its democracy and thereby providing
a better government interface to its citizens.