Role of the Chief Justice in Canada, Essay Example

Introduction

The society requires the law to avoid anarchy. This is a characteristic of the human society in that the different regions in the planet are government by laws, which dictate the societal norms. This is the same in Canada whereby the law plays and integral role in society.  The police and court system enforce the law. The mandate of the court system is to ensure that befitting punishments are afforded for the defendants in the society. The court system provides the Canadian society with a neutral and inclusive mechanism to settle disputes, which are ether personal or commercial. The court also supports the mandate of the government through its interpretation and protection of the constitution (Morton 159). It is apparent that the court system is essential for the function in of the society. This dictates that the personnel involved in the system have crucial mandates in the Canadian society. The court system consists of numerous personnel. Despite this, the mandate of the chief justice is principal and is essential for the efficient functioning of the judicial system.  In order to comprehend the significance of the chief justice in the Canadian judicial system, it is essential to explore their mandate in the administration and organizational capacities.

When considering the crucial duties of the judicial system, the mandate of the chief justice is guided by a sense of duty and a strict moral dispensation. This is the expectation of the Canadian society considering that the nation is based on justice and freedom. This means that the chief justice is responsible in ensuring that these principles are manifested in the judicial system. This is ensured by their contribution to the court system through their mandate. Naturally, the chief justice heads the judicial system of Canada. Despite this, the chief justice is the third most senior judge in the country since they are third in the order of precedence whereby the governor general and the prime minister are more senior (Bushnell 139).   This means they are mandated to ensure that the judicial system is effective and accessible to the citizens of Canada. Despite this, their mandate is not confined in the judicial system since the mandate of the chief justice stretches to encompass constitutional matters (Morton). The chief justice holds several other offices under their mandate, and this includes being an Ex official  chairperson of the judicial council, the deputy governor general and chair for the committee mandated to select the order of Canada winners (Macfarlane 74).

The appointment process of the chief justice’s office in Canada is rigorous and involves the highest political offices in the country. This is evident whereby the chief justice of Canada is identified and chosen by the governor in council. This dictates that Canada’s prime minister under the advisement of the federal cabinet identifies the most qualified individual to handle this mandate (Horner 172). This means that there are several qualifications, which are required for the selection of individuals for this mandate. This is because the chief justice is expected to have the capacity to be a presiding court officer, constitutional expert, administrator, consensus builder and an advocate (Macfarlane 74). These mandates dictate that the chief justice should have certain qualifications in order to be considered competent. Despite this, there if no list formalized, to show the qualifications required for the mandate. This is done in order to remove technical impediments for individuals who are potential candidates for the mandate.   Some of the requirements depicting if an individual is qualified for the administrative and organizational roles of being the chief justice of Canada include the following. In addition, an individual interested in being  chief justice of a Supreme Court judge will be required to have experience in the legal arena in that they should be either a sitting judge or barrister (Horner 211). The individual must also depict unquestionable and unblemished integrity records. The individual must also depict professional competence in their previous mandates and judicial temperament. This means that the character and knowledge of an individual about the judicial system is essential in the recruitment process. These qualifications are appraised by the relevant mechanisms in order to determine the preferred individual. It is essential to explore the requirements for the mandate of the chief justice in order to comprehend their roles in the judiciary system.

The administrative duties of the chief justice of Canada include the following mandates. The chief justice is mandated to preside all the sitting, which are carried out in the Supreme Court. The cases, which are mostly presided in the Supreme Court, are appeals of high profile cases, which affect the public interest. The chief justice makes decisions concerning the appeals of the decisions made in highest courts in the country’s regions and the federal appeal court. The jurisdiction, which dictates the power of the chief justice concerning these appeals, is defined in the Supreme Court act and is bolstered by other parliamentary acts including the criminal code(Horner 243).  It is the mandate of the chief justice in these scenarios to assure articulation, consistency, uniformity and correctness of the decision. This ensures that there is closure in controversial and disputed rulings.

The chief justice is also mandated to head the staff of the Supreme Court.  This is necessary since the Supreme Court encompasses the eight, puisine judges and numerous support staff. In the Canadian system, there are approximately 150 employees in the court staff. The staffs under the mandate of the chief justice are members of the public service under the federal government. In this scenario, it is apparent that the chief justice is a public service and has the capacity utilize federal staff and resources for public service. The chief justice should ensure that there is efficient functioning of the staff in the federal court in order to facilitate effective dissemination of justice.

The chief justice also advises the government on constitutional issues, which may affect, the mandate of the government. This enables the government to have clarity when handling constitutional matters hence averting a constitutional crisis in Canada. The chief justice is also mandated to be the deputy of the governor general in that they analyze and accept the bills passed by parliament. This is essential since it is their endorsement that certifies the bill to be considered laws by the constitution and the courts. The chief justice also signs documents, which are of an official nature. In addition, the chief justice also has the capacity, to receive the credentials of diplomats including ambassadors and high commissioners.  It is apparent that the mandates of the chief justice are essential in the judiciary and constitutional capacities.

Other functions of the chief justice in Canada include being the chair of the Canadian judicial council. The council consists of an all judge from the superior courts in the country. This mandate entails heading the council, which facilitates the educating and carrying out seminars for judges who are newly appointed. The council also facilitates discourse concerning the issues, which affect the Canadian judiciary system (Bushnell 139). The council also explores the concerns of the public about the judiciary and the conduct of its officials.

The chief justice is also an assistant viceroy.  This means that when the governor general is incapacitated, dead or is absent from Canada in a period of over a month, the chief justice is mandated assume the powers of the governor general.  Such occurrences have been witnessed in Canada whereby chief justice Beverly McLachlin assumed the office of Adrienne Clarkson, the governor general at the time, due to a health concern. This mandate expands to the aforementioned roles, which include signing official documents, and bill and receiving diplomats.

The duty of the chief justice also includes sitting at the council, which determine the individuals who deserve the highest civilian order. The order of Canada, which affords this privilege to Canadian citizens, is determined through the chairing of the chief justice in an advisory committee.  The chief justice in this mandate, however, desists from participating when there are attempts to strip an individual of this honor since the process mostly involves individuals who have been convicted for misdemeanors at the lower courts (Macfarlane 79). This means that the chief justice is not required to interfere due to his constitutional mandate. The chief justice also appoints the chair for the readjustment of electoral boundaries.

The office is indiscriminate of gender, and this is depicted in the current holder of the office Beverly Mc Lachin. This was after her appointment in the year 2000 prior to which she was a puisine judge in British Columbia. She was also a judge in the court of appeal, in British Columbia. This depicts the maturity of the judicial system in the region and the capability of both genders to handle the role of the chief justice. This has reiterated the position of Canada as a beacon of democratic and judicial success globally.

When considering the aforementioned role the chief justice of Canada plays a crucial role in the judiciary system of the country. This is because their mandate includes ensuring that the government respects the constitution. The chief justice is also crucial since the office gives meaning to the laws, which characterize the Canadian society. Without the mandate of the chief justice, the judiciary system will be ineffectual since the organization and administration of the system will be compromised,    the mandate of the chief justice ensures that there is a peaceful resolution of conflicts and that the mandate of the government is not impeded due to constitutional issues.

Conclusion

Laws characterize the society. This dictates that there should be mechanisms and structures to facilitate the implementation of the law in the society. With this consideration, the chief justice is a prominent figure in the Canadian judiciary system, despite being third in the hierarchy of judges in the country. The chief justice is mandated to facilitate the functioning of the judicial system in administration and organizational capacities. This means that the chief justice is a crucial office for the Canadian public.

Works cited

Bushnell, Ian. The Federal Court of Canada: A History, 1875 – 1992. Toronto [u.a.: Univ. of Toronto Press, 1997. Print.

Horner, Jessie J. Canadian Law and the Canadian Legal System. Toronto: Pearson A&B, 2007. Print.

Macfarlane, Emmett. Governing from the Bench: The Supreme Court of Canada and the Judicial Role. Vancouver: UBC Press, 2013. Print.

Morton, F L. Law, Politics, and the Judicial Process in Canada. Calgary, Alta: University of Calgary Press, 2002. Internet resource.