Topic > Judges and their roles in Canada's constitutional democracy

Judges have various roles and duties in Canada's constitutional democracy. They interpret the law, evaluate the evidence presented, and monitor the conduct of hearings and trials in their courtrooms. Most importantly, judges are impartial decision makers in the pursuit of justice. (Canadian Association of Superior Court Judges, n.d.). The Canadian judiciary is an adversarial justice system and legal cases are litigated between opposing parties, which ensures that evidence and legal arguments will be presented fully and vigorously. The judge, however, remains above all these issues, providing a totally independent and impartial assessment of the facts and how the law can be applied to these facts. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay The system is such that numerous criminal cases and almost all civil cases are heard by a judge sitting without a jury. The judge is the "court of facts", he decides whether the evidence is credible and which witnesses tell the truth. The judge then applies the law to these facts to determine whether a civil case has been established on a balance of probabilities or whether there is proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty (Canadian Superior Courts Judges Association, n.d.). Under the law, anyone facing five years or more in prison if convicted of a crime has the right under the Charter to request a jury trial, and many defendants facing serious crimes such as murder choose to have their jury hear to a jury. case. Jurors become judges of fact and evaluate the evidence while the judge takes on the role of legal advisor, explaining the law to the jurors. The jurors then retire to deliberate on the verdict. In criminal cases the jury's verdict, "Guilty" or "Not Guilty", must be unanimous. During the judicial process, if the defendant is convicted of a crime, the judge issues a sentence, imposing a penalty that can range from a fine to a fine. prison sentence depending on the seriousness of the offense or crime. However, in civil cases, the judge decides whether a claim is reasonable and genuine and assesses damages, grants an injunction, or orders some other form of compensation to the plaintiff, unless a jury has been empaneled to make these decisions. In other words, “the judiciary, collectively comprising the judges of the courts, is the branch of government vested with judicial power. It is independent of the legislative and executive branches. Judges are public officials charged with presiding over a court of justice, interpreting and applying the laws of Canada (The Canadian Encyclopedia, n.d.). Talking about the qualities required of a judge, they are expected to have the highest standards of integrity in both their professional and personal lives. They should be highly knowledgeable about the law, willing to undertake thorough legal research, and able to write fair and cogent decisions. Their judgment should be clear and they should be able to make informed decisions that will withstand careful scrutiny and questions arising from litigation. Judges should be open-minded and fair, and should look and present themselves as such. They should be good listeners but should be able, when required, to ask questions that get to the heart of the matter before the court. They should be respectful in the courtroom but strong whenever it is necessary to overpower a rambling lawyer, a disrespectful litigant, or a rude spectator. Judges come to the bench after making a contribution.)