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The judiciary plays a critical role in ensuring that the other branches of government respect the rule of law. Canada's court structure is very complex, with each province and territory having a unique set of courts, in addition to those at the federal level. In order to reconcile cases from different courts and jurisdictions, it is essential to have a firm understanding of these structural differences.
Halsbury's Judges and Courts volume provides a succinct overview of the general principles that apply to the judiciary, as well as the specific organization of courts in every Canadian jurisdiction. This title refers to all of the pertinent legislation and case law regarding the appointment, discipline, removal and retirement of judges, and the jurisdiction of courts, justices of the peace, and other judicial administrators. Topics covered in this essential reference include:
Powers and duties of judges
- Conduct of hearings
- Reasons for judgment
- Contempt in the face of the court
- Ceasing to hold office
- Judicial immunity
- Civil actions
- Criminal offences
- Evidentiary privilege
- Restrictions
- Professional
- Other activities
Judicial independence
- Security of tenure
- Financial independence
- Institutional independence
Judicial bias
- Pecuniary interest
- Membership in a group
- Relationships
- Family
- Professional
- Fiduciary
- Prejudice
- Statements
- Prior rulings
- Related cases
- Disqualification process
- Comment vs. fact
- Accurate or privileged facts
- Matter of public interest
- Without malice
- Consent
Organization of courts
- Jurisdiction
- Composition
- Justices of the peace
- Administration
And much more.
Features
- Enhanced Contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources -setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions -identifying words and phrases defined in personal property security legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
Plus
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
Lorne Sossin, B.A., M.A., Ph.D., LL.B., J.S.D., Philip Bryden, B.A., B.C.L. & Jay Brecher, B.A., LL.B.
Lorne Sossin, B.A., M.A., Ph.D., LL.B., J.S.D., is a Professor at the Faculty of Law, University of Toronto, whose teaching interests span administrative law, public administration, professional regulation, civil litigation, ethics and professionalism and legal process. He holds doctorates in law from Columbia University and in political science from the University of Toronto. He is also a Visiting Scholar at Borden Ladner Gervais and a former Law Clerk to the Chief Justice of the Supreme Court of Canada. Professor Sossin is the author of over 50 articles and books and a frequent advisor to government. He is a part-time member of the Health Professions Appeal and Review Board, and serves on the Boards of the Law Foundation of Ontario, Pro Bono Law Ontario, and the Ontario Justice Education Network. In January, 2008, Professor Sossin will become the Director of the Faculty of Law's new Centre for Professionalism, Ethics and Public Service.
Dean Philip Bryden, B.A. (Dal), B.C.L. (Oxford), LL.M. (Harvard), is the Wilbur Fee Bowker Professor Dean of the Faculty of Law at the University of Alberta. Prior to joining the University of Alberta, he served as Dean of Law at the University of New Brunswick for five years. He was a member of the University of British Columbia Faculty of Law from 1985 to 2004 and served as the Faculty's Associate Dean from 1993-1996. Dean Bryden also practiced law in New York City with Donovan Leisure Newton and Irvine from 1979-81 and served as a special assistant to Canadian Secretary of State Gerald Reagan (1981-82) and as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada (1983-84). From 1993-2004 he carried on a part-time practice of law as Associate Counsel to Heenan Blaikie. He has served as First Vice-President of the Canadian Institute for the Administration of Justice and Vice-President of the Council of Canadian Administrative Tribunals. Dean Bryden has also served as President of the Canadian Association of Law Teachers from 1994-95 and as President of the British Columbia Civil Liberties Association from 1991-93. From 2007-2009 Dean Bryden served as Co-President of the Council of Canadian Law Deans.
Jay Brecher, B.A., LL.B., is a Legal Researcher and Writer for LexisNexis Canada Inc. and law and content Editor for
Halsbury's® Laws of Canada. He is the author of the Halsbury's
Athletics,
Hunting and Fishing and
Media and Postal Communications titles, co-author of the
Civil Procedure title, and has served as the contributing Editor on numerous other Halsbury's titles, including
Employment,
Torts and
Negligence.