The Canadian
Judicial Council does have a Canadian Citation Committee.
Not exact matches
«It doesn't appear that the President may be bound by the advice [of the
Judicial Council].
It was not
done with the authority of the National
Judicial Council as stipulated in our constitution.
The work
done by the Judges Technology Advisory Committee of the Canadian
Judicial Council, after having been used for ten years, has now been examined by a specialized authority and seems to constitute the balanced solution sought after in 2005.
A 2005 protocol of the Canadian
Judicial Council provides guidance (PDF) as
does the Office of the Privacy Commissioner of Canada (PDF).
The matter was no less urgent because of the General Court's recent order in Cases T - 192 / 16, T - 193 / 16 and T - 257 / 16 NF, NG and NM v European
Council, which established that the deal
does not count as measure adopted by one of the institutions of the EU for the purposes of
judicial review under the Treaties.
the measures
did not involve any breach of the
Council's obligation to state reasons, nor of Rosneft's right of access to the file, rights of defence or right to effective
judicial protection, nor any misuse of power, or breach of the principle of proportionality;
Until the Canadian
Judicial Council's Canadian Citation Committee says otherwise, I would cite cases as they
do when they write judgments.
The 10th Circuit
Judicial Council found that the law governing judicial misconduct did not give it the authority to review alleged conduct that occurred before Roberts became
Judicial Council found that the law governing
judicial misconduct did not give it the authority to review alleged conduct that occurred before Roberts became
judicial misconduct
did not give it the authority to review alleged conduct that occurred before Roberts became a judge.
The authority for
doing this for federally appointed judges can be found under Part II of the Judges Act, which creates the Canadian
Judicial Council (CJC), and its powers to commence an inquiry for removal under s. 63.
Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County
Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a
judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be
done then.
It occurs to me, reading what is googleable about Eloise's work for a few minutes that she (i) assisted with the investigation into a death in police custody while seconded to the IPCC (ii) was seconded to a solicitors» firm to assist with the phone hacking disclosure (iii)
did pro bono work (iv) was involved with a
judicial review of a costs order that was requested by a Local Authority in a Non Payment
Council Tax case at the local magistrates, which got into the law reports.
Not only
did the Court find no legislative history to support an argument that the D.C.
Council intended to expand or to deviate from the existing and limited standard of review, but the Court, in reviewing the drafting history of the Revised Uniform Arbitration Act, found likewise — that there was never any intent to abandon the standard of narrow and extremely limited
judicial review of an arbitration award.
The
Judicial Council's policy on Independent Counsel, is that they
do not act pursuant to the instructions of any client, but rather in accordance with the law and their best judgment of what is required in the public interest.
The CCC has
done the original work which is currently discussed in the Canadian
Judicial Council's JTAC.
Though the Canadian
Judicial Council in its Statement of Principles
did not explicitly refer to the hazards of sharp lawyering when dealing with an unrepresented party, it nevertheless advised that «Members of the Bar are expected to be respectful of self - represented persons and to adjust their behavior... in accordance with their professional ethical obligations.»
«Reading the order, there is a strong inference that the
Judicial Council made this decision on its own and
did not consult the Third Circuit,» Hellman said.
Although the reasons are very brief, the Court
did «endorse the Statement of Principles on Self - represented Litigants and Accused Persons (2006) established by the Canadian
Judicial Council» (available here).
A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v
Council that a DSB decision
did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a
judicial body.
(5) Subsection (4)
does not preclude the
Judicial Council from engaging counsel to assist it in accordance with subsection 49 (21), and in that case the nature of the advice given by counsel shall be communicated to the parties so that they may make submissions as to the law.
51.6 (1) When the
Judicial Council decides to hold a hearing, it shall
do so in accordance with this section.
(3) Subsection (2)
does not apply if the
Judicial Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judge's needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.
(2) Part III (Regulations) of the Legislation Act, 2006
does not apply to rules, guidelines or criteria established by the
Judicial Council.
Nonetheless, when Best complained to the Canadian
Judicial Council about Justice Shaughnessy's serious misconduct, the CJC didn't even investigate, saying that the judge's actions were not «conduct» under the CJC's mandate.
Mr. Best had complained to the Canadian
Judicial Council alleging serious misconduct by Justice J. Bryan Shaughnessy during a 2013 hearing where Best had asked Justice Shaughnessy to set aside his 2010 conviction obtained in absentia (in Best's absence) for contempt of court in a «trial» that Best had not be informed of and therefore
did not attend.
The recent decision in District
Council of Rivière
du Rempart v Alphamix Ltd and others [2017 SCJ 233] is the latest example of
judicial support of the arbitral process.
(iii) threatening the
Council with an appeal, costs awards,
judicial review or reporting to the local government ombudsman should be
done sparingly and with great care.
The 10th Circuit
judicial council dismissed Mitchell's allegation, finding that Roberts
did have a «serious condition that significantly impacts his ability to perform as a trial judge.»
The
Judicial Council concludes that the Act does not give the Judiciary authority to review that conduct,» the council
Council concludes that the Act
does not give the Judiciary authority to review that conduct,» the
councilcouncil wrote.
And what
does the Canadian
Judicial Council inquiry into her conduct mean for their own careers in the age of Facebook photos?
«However, with three members dissenting,
Council found that the judge's past action, when considered against a number of factors,
did not undermine public confidence in his abilities to discharge the duties of his
judicial office.
At what point
do concerns over the conduct or competency of a lower court judge rise to the level that an appellate court should report that judge to the relevant
judicial council?
The Canadian Citation Committee is no longer listed as a standing or ad hoc committee of the Canadian
Judicial Council and the word «citation» doesn't even appear in their 2012 - 2013 Annual Report.
We emphasize that this
does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis
judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the
Council at the end of the inquiry process) to address those issues through the
Council which is itself a superior court.
[11] The American Medical Association's
Council on Ethical and
Judicial Affairs has issued an opinion stating, «The physician should not reveal confidential communications or information without the express consent of the patient, unless required to
do so by law [and] subject to certain exceptions which are ethically and legally justified because of overriding social considerations.»
Do you think Justice O'Donnell's judgment in Duncan warrants a complaint to the Canadian
Judicial Council (CJC)?
[1] The Canadian
Council for Refugees (CCR), the Canadian
Council of Churches (CCC), Amnesty International (AI) and John
Doe, a Colombian refugee claimant in the United States, filed a
judicial review application challenging the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries [December 5, 2002, [2004] Can.
Go to the Canadian
Judicial Council's website and take a close look at the change made very recently to the language used to describe how the Executive Director determines that a complaint doesn't warrant being seen by any member of the
Council.
According to the Ontario
Judicial Council, which probes complaints against judges, there is a «general order,» permitted under Ontario law, banning the publication of any documents and information relating to complaints that don't result in a public hearing.
The city councillor called on the Chief Justice of the Ontario Court of Justice to remove Zabel from the bench if he
does not resign, and the Hamilton Spectator reported that a complaint against Zabel has been filed with the Ontario
Judicial Council.
A: The
Judicial Council of California
does not maintain criminal histories.
Please note that the
Judicial Council of California
does not provide legal advice or interpret the law.
The statistics from the
Judicial Council, the folks who run the courts of this state, show that 65 % of people
doing divorces in this state are
doing so without lawyers — and that by the end of their case, 80 % are without lawyers.