Canlii Supreme Court of Canada – Courts — Charter of Rights — Independent tribunal — Provincial Court judge declined jurisdiction on ground Provincial Court (Criminal Division) not an independent tribunal — Whether or not judge of Provincial Court (Criminal Division) an independent tribunal.
Constitutional law — Charter of Rights — Courts — Independent tribunal — Jurisdiction declined on ground Provincial Court (Criminal Division) not an independent tribunal — Whether or not judge of Provincial Court (Criminal Division) an independent tribunal — Canadian Charter of Rights and Freedoms, s. 11(d) — Constitution Act, 1982, s. 52(1) — Provincial Courts Act, R.S.O. 1980, c. 398 — Public Service Act, R.S.O. 1980, c. 418 — Public Service Superannuation Act, R.S.O. 1980, c. 419 — Provincial Courts Amendment Act, 1983, 1983 (Ont.), c. 18, s. 1 — Provincial Judges and Masters Statute Law Amendment Act, 1983, 1983 (Ont.), c. 78, s. 2(2) — Courts of Justice Act, 1984, 1984 (Ont.), c. 11.
Judges:
Dickson CJ and Beetz, Estey, McIntyre, Chouinard, Lamer and Le Dain JJ
Citations:
[1985] 2 SCR 673, 52 OR (2d) 779, 1985 CanLII 25 (SCC), 24 DLR (4th) 161, 23 CCC (3d) 193, 49 CR (3d) 97, 64 NR 1, [1985] CarswellOnt 129, [1985] SCJ No 77 (QL), 14 OAC 79, 15 WCB 326, 19 CRR 354, 37 MVR 9
Links:
Jurisdiction:
Canada
Cited by:
Cited – Misick and Others v The Queen PC 25-Jun-2015
Turks and Caicos – The appellants, a former Chief Minister and others, faced a trial on charges of corruption. They objected that the Justice set to hear the case had insufficient security of tenure to guarantee independence, and that the same judge . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Natural Justice, Legal Professions
Updated: 04 May 2022; Ref: scu.573790