• CCCA Podcast #6: Democratic Rule of Law and Procedural Fairness

  • Nov 27 2024
  • Durée: 25 min
  • Podcast

CCCA Podcast #6: Democratic Rule of Law and Procedural Fairness

  • Résumé

  • The following podcast, presented by Gudrun Welder and Matthew Cockle, discusses the role of the Canadian judiciary and more specifically, the judicial guardianship of rights and freedoms in times of crisis. By judiciary we mean the Canadian system of courts of law, the judges who preside over these courts, and also the branch of government in which judicial power is vested. The discussion ranges over some difficult topics. The subject matter is difficult, largely because it is unfamiliar to most of us. The language can be difficult because legal terms are words that carry actual consequential power within our legal system. The terms and phrases are unfamiliar and sometimes we would like to translate or simplify them, but they can’t always be translated into common language, because then they will no longer carry their full meaning and power within the legal context. In spite of the difficulty that, at times, may arise in listening to the following discussion, we feel that the effort required will be generously repaid because this discussion has the potential to clarify some very common points of confusion. It can clarify the nature of rule-of-law within democracy and the manner in which rule-of-law is designed to protect regular people. It can clarify the nature of judicial guardianship within democracy and the manner in which the judiciary has been established to protect members of the public when government infringes upon their rights and freedoms. And it can clarify the nature of procedural fairness within court proceedings and the importance of maintaining this procedural fairness, particularly when the courts are called upon to scrutinize state actions that are alleged to violate the rights and freedoms of those living within Canada’s borders.

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