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  • Essay / 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 control the conduct of hearings and trials in their courtrooms. Most importantly, judges are impartial decision-makers in the pursuit of justice. (Canadian Superior Court Judges Association, nd). The Canadian legal system is an adversarial system of justice and legal cases are contested between opposing parties, which ensures that evidence and legal disputes will be presented fully and forcefully. The judge, however, remains above all these problems, providing a completely independent and impartial assessment of the facts and the way in which the law can be applied to these facts. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original Essay The system is such that many criminal cases and almost all civil cases are heard by a judge sitting without a jury. The judge is the “trier of fact,” who decides whether the evidence is credible and which witnesses are telling the truth. The judge then applies the law to these facts to determine whether a civil case has been established on the balance of probabilities or whether there is proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty (Canadian Association of superior court judges, nd). By 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 offenses such as murder choose to have their judgment heard by a jury. case. Jurors become judges of fact and evaluate the evidence while the judge assumes 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 court process, if the defendant is found guilty of a crime, the judge pronounces the 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 another form of relief to the plaintiff, unless a jury has been impaneled to take these decisions. In other words, “the judiciary, composed collectively of the judges of the courts, is the branch of government upon which judicial power is vested. It is independent of the legislative and executive powers. Judges are public officers appointed to preside over a court of justice, to interpret and apply the laws of Canada (The Canadian Encyclopedia, nd). When it comes to the qualities required of a judge, they must have the highest standards of integrity in both areas. their professional and personal lives. They must be very knowledgeable about the law, willing to undertake extensive legal research, and able to write fair and convincing decisions. Their judgment must be clear and they must be able to make informed decisions that will withstand scrutiny and problems arising from disputes. Judges must be open-minded and fair, and must appear and represent themselves in a fair and open-minded manner. They must be good listeners but be able, when necessary, to ask questions that get to the heart of the issue before the court. They must be respectful in.)