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郭国汀律师专栏
·中共一贯谎言连篇是个地道的骗子党!
·中共下达密文奥运成迫害最大借口
·中国著名人权律师从为法轮功辩护看中共践踏法律(图)
·郭国汀律师批评中共奧運前加劇迫害法輪功
·郭国汀律师呼吁台湾政府予吴亚林政治庇护
·郭国汀律师称中共持续非法迫害法轮功及其辩护律师
·答Gavin0919郭国汀是法轮功走狗之指控
***(3)郭国汀为法轮功辩护的专访
·专访郭国汀律师(上) :为法轮功辩护
·专访郭国汀律师(下) :回首不言悔
·RFA:郭国汀介绍为法轮功学员打官司的曲折经历
·自由亞洲電台专访郭國汀谈為法輪功學員打官司
·希望之声郭国汀专访:对法轮功学员的劳教、判刑是非法行为
***(三)郭国汀律师为郑恩宠抗辩
·我为郑恩宠律师抗辩的前前后后
·为郑恩宠案翟明磊等中国新闻记者六君子的声明
·敬请关注郑恩宠律师所谓"非法获取国家秘密罪"一案
·历史将证明郑恩宠律师无罪/郭国汀
·郑恩宠案二审辩护词及网友评论/郭国汀
·关于会见在押的郑恩宠的第二次申请函
·郑恩宠律师“为境外非法提供国家秘密罪”一审判决书
·上海市高级法院郑恩宠案刑事裁定书
·郑恩宠冤案再审案至全国律协诸位会长之公开函/郭国汀
·中国最需要像郑恩宠这样的律师
·诽谤郑恩宠律师的中共党奴及特务名录
·再谈郑恩宠案 郭国汀倡律师网上辩护
·我为郑恩宠辩护的前前后后 郭国汀
·上海普通市民感受的郑恩宠大律师
·关于郑恩宠案我的声明
·我为郑恩宠律师辩护
·一切源于郑恩宠案,可敬的国安兄弟请自重!
·郑恩宠聘请辩护人的真相
·郑恩宠聘请辩护律师真相之二
·真为这位北京律师脸红!
·张思之大律师冒着酷暑赴看守所会见郑恩宠
·上海监狱当局婉拒郑恩宠的辩护律师会见
·关于会见在押的郑恩宠的第二次申请函
·揭开“时代精英“画皮
·答时代精英,
·再答时代精英教导
·向张思之律师,郑恩宠律师学习,致敬!
·南郭:仗义执言的律师还是没良心的律师
·驳“文律”兄郑案高论/南郭
·中国最需要像郑恩宠这样的律师
·凡跟郭国汀贴者一律入选黑名单
·批驳李洪东之首恶律师说!
·历史岂容任意伪造!
·惊闻郑恩宠律师夫人蒋美丽被拘捕!
·郑恩宠案二审会维持原判,辩护律师难辞其咎。
·求名求利的律师代表
·答L君之三项基本原则
·郑恩宠案网友评论
·网友支持或反对郑恩宠的评论
·支持或反对郑恩宠的网友评论之二
·中国律师声援支持郑恩宠
·吴国策律师:“求名求利的律师代表——某律师的心里”系他人盗名发表的声明
·中国律师声援支持郑恩宠律师
·网警\网友\特务与郑恩宠案
·郑恩宠律师的最后一篇代理词
·关于记者杨金志、陈斌严重侵犯郑恩宠律师名誉权的律师函
·郭国汀律师如果你还是个真正的男人的话,请你勇于承担败诉的责任。
·郑恩宠案上海当局特务什么下流无耻的手段皆用
·谋害郑恩宠的凶手是谁?
·郑恩宠案上海高院驳回上诉后网友们的评论
·请记住一位伟大的律师英雄——郑恩宠/郭国汀
***(四)香港联中公司与厦门国际贸易信托投资公司国际贸易争议再审案
·司法腐败的典型案例
·最高法院无理拖宕九年拒不下判再审案代理词
·反了你!竟敢不尊敬我大法官!
·就十五载官司致最高法院法官的公开函
·中国法官如何让吾尊敬/南郭
·最高法院的院长们为何威胁郭国汀律师?
***(五)涉外亿元合同诈骗案
·涉港“亿元”合同诈骗案之辩护词/郭国汀
·惊心动魄的辩护
·涉外亿元诈骗案致有关负责人的公开函
·致福建省委、省政府各位领导及福州市委、市府各位负责人的公开信
·关于本司与福州市粮油公司贸易纠纷案及因此而被无辜拘留、逮捕者至福州市、福建省、中国政府、公安、检察各部门负责人公开函:
·亿元合同诈骗案至福州市市长函
·亿元合同诈骗案至福州市委书记函
·关于亿元合同诈骗案至福州市委书记的函
·亿元合同诈骗案至中央政法委书记紧急呼吁函
·福州市公安局插手涉港经济纠纷造成海内外不良影响事
·亿元合同诈骗案郭国汀律师与龚雄副市长会谈备忘录
***(59)(五)郭国汀律师名案劲辩
***(1)政治良心案
·力虹(张建红)煽动颠覆国家政权案的咄咄怪事
·郭国汀力虹被中共无罪重判的真实原因
·评论严正责令胡锦涛立即无条件释放朱宇飙律师!
·简析严正学所谓颠覆国家政权案
·严正学所谓[涉嫌颠覆国家政权案]必须公开审判
·强烈谴责胡锦涛公然践踏法律任意拘禁人律师的恶劣行径
·东洲惨案发生的根源——呼吁由联合国组织调查团进行公正调查/郭国汀
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Judicial Independence and Canadian Judges

   Judicial Independence and Canadian Judges

   

   By thomasgguo

   

   Judicial independence is the precondition of justice and rule of law. None judges belong to any political party. Judges are security of tenure, and since 1867, none judge were remove from the bench for bribe, although there are some problem exist.

   

   

   In Canada the Federal Cabinet appoint Supreme Court and federal court, as well as provincial appeal and superior courts Judges, while provincial Cabinet appoint provincial courts judges. There are about 1000 judges in each category. All must be qualified lawyers who at least practiced ten years for higher level courts,five years for provincial courts.

   

   

   Judges are security of tenure, the higher courts’ mandatory retirement age of 75, the lower one are 65 or 70. Any judges serve on good behaviour, cannot remove unless by guilty of misbehaviour.

   

   

   Judges cannot be removed merely because the government regards their decisions as error or contrary to government policy, nor ruled against the Crown. Besides security of tenure, judicial independence involving financial, administrative, and political independence; salaries and pensions are fixed cannot intimidated by government threat to reduce. Judges at all levels never cease asking for increases in pay.

   

   

   Judges must be able to function without political pressure. However, Judges increasingly feel their independence is threatened by certain interest group, political correctness, media criticism, political criticism, and even demonstrations.

   

   

   Individual judges have occasionally made outrageous sexist, racist, or other inappropriate comments from the bench. Judges are rarely promoted from provincial court to federal court, 70 percent of appeal court judges have previous judicial experience.

   

   

   Judges are denied vote in federal election and none judges belong to any political party.

   

   

   The Canadian Judicial Council, consist of all the chief-justice and associate chief-justices of courts staffed by federally appointed judges, chaired by the chief-justice of the Supreme Court. The purpose of the Council is deal with the complaints raise against judges. For example, Thomas Berger of the BC Superior court publicly criticized the 1982 Constitution Act for its omission of Quebec and virtually neglect of Aboriginals, his action was investigated by the Canadian Judicial Council, which did not punished him, he resigned protest the process employed.[1]The Supreme Court judges are giving more public speech and interviews than previously, sometime got them into hot water. “It is clearly preferable for judges to exercise restraint when speaking publicly” Judicial Council warmed.

   

   

   In 1982Supreme Court had its first female judge, and in 2004 there were four female judges in the Supreme Court; the first female chief justice is Bererley McLachlan, now one-quarter of all judges in Canada are women.

   

   The Cabinet have used judicial appointment to reward faithful party supporters; although the legal expertise has been taken into account, but it was rarely the primary criterion.[2] Political patronage raises three problems: unsuitable one for his partisan be appointed;well-qualified candidate are overlooked for lack service to governing party;partisan judge may favour his political colleague.

   

   

   Judges are removable for serious criminal acts and for reasons of infirmity or incapacity,failure to execute their duty, or bring the judicial system into disrepute. Only four judges at intermediate and district level met their fate of remove charged since 1867. In 2001 the Supreme Court upheld the removal of Judge Richard Therrien from the court of Quebec on the ground thatwhen he was appointed a judge, he failed to disclose to the authority that he had been sentenced imprisonment for one year for unlawfully giving assistance to the FLQ.[3]Not a single Superior court judges has been removed from office; however, such proceedings were initiated in several cases,but judges either died or resigned during the removal process. Jean Bienvenue of the Quebec Superior court resigned in 1997, after the Canadian Judicial Council asked the federal Parliament to remove him, for having said on the bench that women can be crueller than men, and that even Nazi exterminated Jews painlessly.[4]In 1999, Robert Flahiff of the Quebec Superior Court lost his position when he was sentenced three years in jail after being found guilty of laundering $ 1.7million in drug money when he was a practicing lawyer.[5]Justice Matlow and Justice Cosgrove of Ontario Superior court, formal council vote not removal, later council recommended removal, he resigned.

   

   

   

   

   [1] Rand Dyck, Canadian Politics Critical Approaches, sixthe ed. Nelsoneducation 2010 P.678.

   

   [2] Rand Dyck, Canadian Politics Critical Approaches, sixthe ed. Nelsoneducation 2010 P.672.

   

   [3] Rand Dyck, Canadian Politics Critical Approaches, sixthe ed. Nelsoneducation 2010 p.677.

   

   [4]see, Gall, The Canadian Legal System,P.231, 238-39; Russel, The Judiciary in Canada; p.176-79; the courts p. 94-103.

   

   [5] Rand Dyck, Canadian Politics Critical Approaches, sixthe ed. Nelsoneducation 2010 P.677.

(2012/01/16 发表)

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