–Middle East

–Parts of Africa
–Parts of Asia

5 - The Judiciary

•The judiciary encompasses the entire system of courts across Canada, interpreting and
applying laws passed by governments.

•Courts fulfil three major functions:

-Guardianship
-Adjudication
-Guidance

-Prisoners can vote

-Supreme Court judges were not allowed to vote in federal government election in the
past (can vote now)

6 - The JudiciaryGuardianship

•Judicial review:
The process through which courts assess the actions and laws of Canadian
governments to ensure they are consistent with the constitution.

•Constitutional law cases:

involve deciding which order of government, federal or provincial, has jurisdiction over
a particular policy area, or whether Canadians’ rights and freedoms have been breach
by government.

•Administrative law cases:

involve determining whether government actors perform their duties in an authorized
and fair manner.

7 - The Judiciary

Adjudication:
•Courts ensure that private disputes are settled and that charges, regulatory decisions,
or other disputes between citizens and government are resolved. These
cases can fall into the categories of either criminal law or civil law.

8 - The JudiciaryGuidance

•The judiciary may lead task forces, inquests, and commissions of inquiry.
•Commissions may be led by judges, academics, former politicians, or other experts.
9 - The Structure of the Justice System

*Important is supreme court

10 - The Courts
•Canada’s system of courts is both hierarchical and federal:

-Hierarchical: the system allows more serious cases and appeals to proceed to
higher courts

-Federal: the system divides jurisdiction and responsibilities between two order of
government
11 - The Courts

12 - The Courts

•The Supreme Court of Canada is Canada’s highest court. It was established by the
federal government in 1875, but did not receive the status of highest judicial authority
until 1949.

•The Supreme Court selects which cases it will hear, prioritizing them by national
interest.

-9 judges sit on the Supreme Court, 3 ALWAYS from Quebec

13 - Judicial Appointments

•Provincial and Territorial Court Appointments

-The federal government appoints the judges to served at federal counts and and
supreme court in each province

-Applications for provincial/territorial court judges are vetted by a judicial

appointments council. Each applicant is investigated, and the council compiles a
list of suitable judges. The list is reviewed by the provincial minister of justice,
who forwards the selection to the provincial cabinet for approval.
Key Players and Institutions

-SNC - Lavalin
-Accused of fraud and bribery while doing business in Libya
-Two senior officials recently escaped criminal charges because judges ruled that
prosecutors took too long to Bring the cases to trial
-Public Prosecution Service of Canada
-Deferred Prosecution Agreement (plea Deal) Rejected
-Major implications for SNC-Lavalin
-Attorney General of Canada
-Agreed with the PPSC
-Privy Council Office
-Gerrard Butts
-Prime Minister’s Office
-Michael Wernick

Optics -What of Transparency and the Rule of Law?

-Sustained pressure and ‘veiled threats’

-Kathleen Roussel, the director pf public prosecutions, decided in September
2018 that she would not make a deal and would proceed with a trial against SNC
Lavalin.
-Wilson-Raybould reaches a similar decision on the matter
-Made it clear to all in government that she would not intervene in the PPSC
process
-Fielded 10 phone calls and sat for 10 in-person meetings with the members of
the PMO, including Mathieu Bouchard, Trudeau’s adviser on Quebec issues

What of Transparency and the Rule of Law? - What is the Fallout

-‘I am an MP in Quebec’
-Trudeau told her he was worried about SNC
-Lavalin layoffs and the company’s continued viability
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And Societal Reaction?

-Global Affairs Minister Freeland

-Fromer justice minister Wilson-Raybould spoke ‘her truth on SNC-Lavalin affair
And the Reaction? The optics?

-Global Affairs Minister Freeland

-Former justice minister Wilson-Raybould spoke ‘her truth’ on SNC-