Rule of Law and the Charter §
- The law that developed our nation and grants us the right to govern is the Constitution Act of 1867.
- This document rarely mentions individual rights, but it does mention the rule of law in the preamble.
- “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”
- The Charter is a legal example of how we can apply the rule of law to people in our country.
The Charter §
- The Charter is found within the constitution.
- It’s a part of the Constitution Act, 1982.
- All laws must comply with the Charter and Constitution and can be declared invalid or struck down by the courts if the law is challenged.
- For example: If a cop violates the charter in a criminal trial, the defense can use Section 24 (Enforcement) to strike the illegally obtained evidence from the record.
How is the Rule of Law Used in Our Laws? §
- There is a division of power between:
- Politicians (Make laws)
- Judges (Interpret and apply laws)
- Lawyers (Represent individuals)
- These groups check and balance each other out to ensure no one party has all the power.
Judicial Independence §
- Allows judges to make decisions impartial of the political “winds”
- Provides them immunity from their decision-making.
Judicial Impartiality §
- Cases must be decided on the merit of the facts of the case
- This provides both parties an equal opportunity to use the law.
- No personal interests or perspectives should affect the outcome.
Judicial Accountability §
- Judges are accountable for their decisions.
- There is an appeal process that evaluates the merits of the judge’s decision.
- Sort of, judges judging other judges.
Lawyer Independence §
- Lawyers have a legal and professional obligation to be loyal to the interests of their clients
- They are required by law to keep your information confidential and use your information to form the best possible defense for you
- You should DEFINITELY tell your lawyer if you are guilty.
- If they do not follow this, it could lead to a mistrial or malpractice.
- Also typically called Lawyer Client Privilege.