Sentences with phrase «proper administration of justice»

Respondent's conduct, which resulted in the unjustified detention of the defendants for several hours and the incarceration of 14 defendants in the County Jail, caused irreparable damage to public confidence in the fair and proper administration of justice in his court....

There is a clear case of public interest in the due administration of justice, and no one would plausibly question that the proper administration of justice requires a transparent and accountable justice system.

«The comments at issue here can only serve to undermine the respect and confidence of ordinary Canadians in the proper administration of justice, and we therefore urge you to make a public statement advising Canadians that the chief justice did not conduct herself inappropriately in any way,» it said in its statement addressed to Harper.

The panel noted that it was «fundamental to the proper administration of justice that the panel must be able to rely on the regulatory authority acting in a way which ensures the integrity of the process,» but that it was accepted by NCTL that «the panel, the teachers and their representatives have been told matters which misrepresented the true position and that they have been misled».

In order to encourage the proper administration of justice, the judge dismissed the case from further prosecution.

(2) The court is not required to make an order under paragraph (1)(a) if it is satisfied that the person or young person has established that, were the order made, the impact on a person's or young person's privacy and security of the person would be greatly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

The Law Society has stated that LPP «plays a crucial role in ensuring the proper administration of our justice system».

Would the public interest and the proper administration of justice outweigh in importance any public interest that may be protected by upholding the claim for privilege?

(a) such an order is necessary in order to prevent a serious risk to the proper administration of justice because reasonably alternative measures will not prevent the risk; and

He added, however, that «it is important that the family justice system works together in co-operation with the criminal justice system to achieve the proper administration of justice in both jurisdictions, for the interests of the child are not the sole consideration.

A serious risk to public interests other than «proper administration of justice» can also meet this branch of the test (Sierra Club of Canada, 2002 SCC 41).

I know that my role is essential to the proper administration of justice.

Firstly, the Supreme Court in Mentuck held that once information has entered the public domain of the courtroom, access to disseminate this information should be denied only where its publication would present a real and substantial risk to the proper administration of justice (e.g. a risk to the accused's section 11 (d) Charter right to a fair trial), and where the salutary effects of denying access outweigh the deleterious effects.

The logic here is simple: the more open that the process is in terms of witnesses and the more extensive its public record, the less likely it is that judges and members of the court will stray from the proper administration of justice.

It is a necessary corollary of the right of every person to seek legal advice and it plays a crucial role in ensuring the proper administration of our justice system.

It is only where the proper administration of justice would be affected that any derogation from this principle can be permitted».

As the culling of judges, prosecutors, journalists and members of other organs that constitute a democratic society continues, following the attempted coup of 15 July, and the space in which Turkey's citizens can voice dissent evaporates, IBA President David W Rivkin calls for President Erdogan to halt the arrests and limit the damage to the proper administration of justice in Turkey caused by his actions.

Indeed, two (or slightly more) places of jurisdiction instead of 28 are more likely to ensure legal certainty based on a close connecting factor and the proper administration of justice.

The judge has an overriding responsibility to ensure that proceedings are conducted consistently with the proper administration of justice, and so as to avoid any improper interference with its processes.

A fundamental aspect of the proper administration of justice is the principle of open justice.

But before such use is permitted, the court must be satisfied that its use does not pose a danger of interference to the proper administration of justice in the individual case.

When considering, either on its own motion, or following a formal application or informal request, whether to permit live text - based communications, and if so by whom, the paramount question will be whether the application may interfere with the proper administration of Justice.

Subject to this consideration, the use of an unobtrusive, hand held, virtually silent piece of modern equipment for the purposes of simultaneous reporting of proceedings to the outside world as they unfold in court is generally unlikely to interfere with the proper administration of justice.

Rahman faces several allegations including that he failed to uphold the rule of law and proper administration of justice, failed to act with integrity and failed to behave in a way that maintains the trust the public places in him.

Those principles are: whether the conduct was uncivil (rude, abrasive or sarcastic), whether there is a lack of a good - faith basis for the attack; whether the conduct has taken place on several occasions, and, most importantly, whether the conduct has undermined or has a «realistic prospect of undermining» the proper administration of justice.

'' [t] he sexual activity that forms the subject matter of the charge, unless the evidence is of specific instances of sexual activity, is relevant to the issue at trial, and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.»

CAPCJ supports and advocates for judicial independence, bilingualism, and respect for equality and diversity, concepts necessary to the proper administration of justice in Canada.

Although he had «a degree of sympathy» for Princess Tessy, he ultimately concluded that «it is vital that the court safeguards the integrity and efficacy of all aspects» of the proceedings in order to ensure the proper administration of justice.

«In my opinion Ms. Kennedy's conduct raises the question of whether she is a suitable representative for Maurice Stoney, and whether the proper administration of justice requires that Ms. Kennedy should be removed from this litigation,» Thomas wrote in his decision in 1985 Sawridge Trust v. Alberta (Public Trustee), 2017.

Two recent SCJ decisions are, in my view, examples of counsel failing in different aspects of their duty to the court and, as such impeding, or at least not assisting, the judge in the proper administration of justice.

Abuse of process has been previously characterized by the courts as «the bringing of proceedings that are unfair to the point that they are contrary to the interest of justice» or «oppressive» or «vexatious» treatment that undermines «the public interest in a fair and just trial process and the proper administration of justice.»

This reflects the fact that such activities are «reserved legal activities» under the Legal Services Act 2007 and should, in the interests of the proper administration of justice, generally be exercised only by those who are properly qualified and authorised.

For me this short termism is a much greater potential threat to the standing of the legal profession and the way it carries out its obligations to protect the public interest in the proper administration of justice than nonlawyer ownership.

Publication Bans For all offences there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of «any information that could identify the victim or witness» under s. 486.5 (1) where it is «necessary» for the «proper administration of justice».

As such, the Court determined «[t] he proper administration of justice requires [the] matter be concluded».

Publication Ban For all offences there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of «any information that could identify the victim or witness» under s. 486.5 (1) where it is «necessary» for the «proper administration of justice».

Both of these qualities are essential for the legal profession and the discharge of our professional legal obligations of upholding the rule of law and the proper administration of justice.»

(iii) Counsel should be removed if circumstances are such that a fair - minded, reasonably informed member of the public would conclude that the proper administration of justice required the removal of the solicitor;

[44]... First, the party must show that the sealing order is necessary to prevent a serious risk to the proper administration of justice because alternative, less intrusive, measures can not prevent that risk.

In that role, the courts apply fiduciary and other principles developed by the courts to govern lawyers» relationships with their clients, to ensure the proper administration of justice.

For example, the disciplinary panel that originally heard Mr. Groia's case suggested in its reasons that regulating lawyer civility is necessary to protect the proper administration of justice, trial fairness, and public confidence in the justice system.

It had no material effect on the protection afforded to the client or on the proper administration of justice.

It's my view that any counsel practising any form of civil litigation in Canada has a duty to the court, to the proper administration of justice, let alone to his or her client, to subscribe to a service such as the Supreme Advocacy letter.

The cab - rank rule was essential to the proper administration of justice.

Civil Procedure in Québec: «No Reasonable Chance of Success» Dismissal Canada (Attorney General) v. Confédération des syndicats nationaux, 2014 SCC 49 Although the proper administration of justice requires that courts» resources not be expended on actions bound to fail, the cardinal principle of access to justice requires the power be used sparingly, where it is clear that an action has no reasonable chance of success.

In the absence of the «offending» George v. Harris factors, it is not in the interests of the proper administration of justice to adopt an overly technical approach in scrutinizing a Notice of Motion that will prevent litigants from determining whether there is a legal basis for them to access the protection provided by the Policy.