Topic 5

Question 1

Judges & The Law - Roles/functions
* … the law,
* … process,
* make …
* … offenders
* … the law and
* establish …

• Federal judges are appointed by … (…)
  with assistance of
  a …

Answer 1

Judges & The Law - Roles/functions
* administer the law,
* preside over the legal process,
* make important legal decisions
* sentence offenders
* interpret the law and
* establish case law

• Federal judges are appointed by cabinet (Minister of Justice - Attorney General of Canada, Lawyer of Canada, Sean Prager, N.S)
  with assistance of a
  Judicial Advisory Committee - Insights and recommendations when appointing justices, Alberta, 7 members, 10 years of practicing, 1 from Bar, 3 from

Question 2

• There are around 1,200 federally appointed judges in Canada (2025)
• Women make up around 45% of all federally appointed judges (2022)

Canadian Judicial Council: …
Generalists of Specialists Judges?

-Consists of … members; chaired by the …

Answer 2

• There are around 1,200 federally appointed judges in Canada (2025)
• Women make up around 45% of all federally appointed judges (2022)

Canadian Judicial Council: oversees conduct of Canada’s federal judges
-Consists of 44 members; chaired by the Chief Justice of Canada

Question 3

Statutory Interpretation
* Judges are expected to interpret ambiguous legislative statutes in terms of their
i) …,
ii) … act and
iii) … act (…)

2 general approaches:
i) … tradition and
ii) …version

We have moved towards …, move from …,

MOVE FROM … TO A MORE BROAD WAY. MOVE FROM …,
**STAY CLOSE TO THE WORD OF THE LAW WHEN INTERPRET. **
… AND … CONSTRICTED FORM

INTO a more … approach, broader and open approach.

Answer 3

Statutory Interpretation
* Judges are expected to interpret ambiguous legislative statutes in terms of their
i) wording schemes,
ii) object of the act and
iii) intent of the act (Driedger, 1983)

2 general approaches:
i) British tradition and
ii) European/US version

We have moved towards US judicial review, move from parliamentary supremacy,

MOVE FROM BRITISH STATUTORY INTERPRETATION TO A MORE BROAD WAY. MOVE FROM PARLIAMENTARY SUPREMACY,
** STAY CLOSE TO THE WORD OF THE LAW WHEN INTERPRET. **
OPEN AND LESS CONSTRICTED FORM

INTO a more American approach, broader and open approach.

Question 4

In many instances, statutes include definition sections to reduce statutory interpretation
* 3 rules and 3 grammatical principles for statutory interpretation. ALL JUSTICES MUST FOLLOW
Rules:

i) … rule -

ii) … rule -

iii) … rule -

Which RULE?

Answer 4

In many instances, statutes include definition sections to reduce statutory interpretation
* 3 rules and 3 grammatical principles for statutory interpretation
Rules: PGM

i) plain meaning rule - read it as it is written; legislators do not make mistakes, also the term gay, now it is identity, terminology used at the time

BOTH SOFTEN THIS ONE

ii) golden rule - soften the first rule, address absurdities or inconsistencies in the word of law

iii) mischief rule - GORRIS vs. SCOTT, mischief of the law, the INTENT of the law, the issue that the law is correcting for, not animals overboard, but to stop the spread of diseases.
Legalized abortions in the UK, registered medical practitioners, INTERPRETED as only doctors, challenged the interpretation of backstreet abortions, the mischief this law is about NURSES being practitioners

MISCHIEF - INTENT

Question 5

Legislative Intent & ‘Judicial Activism’

• Legislative history and case law is used to determine …
• 1980s move away from a … approach to …
• Judicial activism: term used to characterize more …. of legislation
  Canada has moved closer to the … of judicial review

Answer 5

Legislative Intent & ‘Judicial Activism’

• Legislative history and case law is used to determine legislative intent
• 1980s move away from a narrower approach to statutory interpretation
• Judicial activism: term used to characterize more active judicial interpretation of legislation
  Canada has moved closer to the American model of judicial review

Question 6

• Precedent: a …
  …
• … : ‘…’
• Precedent results in a … system, but also a more … one
• Problems with precedent:
  i) when it … the …
  ii) when it … a court

Answer 6

• Precedent: a judgement or decision of a court of law cited as an authority for similar cases
  CASE LAW, Common law = case law, judges are a pillar of common law,
• Stare decisis: ‘to stand by decided things’
• Precedent results in a more dynamic legal system, but also a more predictable one
• Problems with precedent:
  i) when it takes priority over the intention of a statute and
  ii) when it self-binds a court - Supreme court is self binding,