The Unbiased Balance

6 Pages 1469 Words

The Unbiased Balance
“ Every individual before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion sex, age or mental or physical disability.”
-The Charter of Rights and Freedoms (Section 15(1))
Canada is defined as a classic example of a liberal-democratic nation. A judiciary system within a liberal democracy is the means by which the law is distributed equally to all citizens. Judiciary independence is important to ensure there is no political interference and that all people receive a fair trial. Some would say that the Charter of Rights and Freedoms has made Canada less democratic by placing excessive power in the hands of unelected judges. Although the judicial structure was intended to be apolitical, it evolved into a key aspect of the political process in Canada. Appointed judges, since the creation of the Charter of Rights and Freedoms in 1982, have protected the liberal-democratic ideology by equally representing all peoples of Canada.
Judicial independence is the ability of a judge to decide an issue free from pressure or influence. If the judiciary is to exercise a truly impartial and independent adjudicative function, it must not be democratically elected. In order to maintain its independence, the judiciary must be separate from government and other concentrations of power. The primary role of an autonomous judiciary is to advocate the rule of law and to ensure no one is higher than the law. The primary function of the court system is to be the third party, arbiter of the law, that no one person is above.
For that reason, democratically elected judges would eventually lead Canada to be undemocratic. If the judges are elected by the people it would lead to partial and ideological decisions. Therefore the decisions of judge would be swayed by public inter...