Courts and Judges
This level of court has the most locations and hears the most cases
Purely provincial courts
This approach argues that the constitution should change with the times
The living tree approach
The idea that everyone is equal before and under the law
Rule of Law
Danielle Smith threatens to use this part of the Charter to protect her gender identity policies
s. 33 The Notwithstanding Clause
This body investigates complaints of judicial misconduct
Canadian Judicial Council
The primary function of this court is correction of error
Provincial court of appeal
This type of review focuses on the decisions of agencies and tribunals
Administrative Review
Protects judges from being held responsible for decisions made on the bench
Legal immunity
The section of the Charter subject to the Oakes Test
S1 Reasonable Limits Clause
This judge is known for his comment that that a complainant should have just kept her knees together
Robin Camp
France uses these to determine who should become a judge
Exams
The concept that there is a back and forth between judges and parliaments
Charter Dialogue
Some judges feel their independence in under threat from these groups
Special interest groups
This case saw the SCC 'read in' sexual orientation into the Charter
Vriend
The Canadian Judicial Council was created in this year
1971
Judges in Canada are now selected by these groups
Judicial Appointment Committees
This group believes that judges have gone to far in their interpretation and application of Charter Rights
Charter Sceptics
Judges are more independent in this type of legal system
Common-law
These two sections of the constitution divide the federal and provincial powers
s. 91 and 92
Rules of Law (R) + Facts of the Case (F) = Decision (D) describes this approach to legal decision making
Formalist
Initially cases from the Supreme Court could be appealed to this body
Judicial Committee of the Privy Council
This section of the constitution allows the courts to strike down laws
s. 52
This author describes a spectrum of judicial behaviour and independence
Gearty
This legal tradition is based on the Twelve Tablets
Civil law tradition
This approach argues that judicial decisions are influenced by broader structural and institutional factors
Historical institutionalism