Important On-line poll everyone should vote

[FiveParadox]

You seem to be forgetting that sentencing guidelines aren't up to the Justices; rather, they are up to our legislators. If they define a sentence for theft to be community service, at the discretion of our Justices, then we cannot fault them for doing their job and prescribing the appropriate sentences.

I don't really care what the sentences are in other countries; we should be doing what works for Canada, not for China.

 

[iamcanadian]

Beheading corrupt public officials would work as good in Canada as anywhere else. Ends the problem right quick.

Just like cutting off a hand for theft does in Saudi Arabia. No body steals nothing in those countries.

 

[FiveParadox]

iamcanadian, the Statutes of Canada prevent the Government from subjecting citizens to punishments by way of cruel and unusual measures, and such is the way it should be. You continue to attempt to further this idea that the well-behaving Justices in Canada are a myth — I would assert that you are perhaps bitter, since your own complaint was not carried through.

You must understand that a complaint is not tantamount to a dismissal.

 

[iamcanadian]

You missed my point. There is no process where by a decision of the Judge in Canada can be or will be reviewed that can result in the dismissal of a Judge. PERIOD

I am not bitter, but an experience showed me that we have a serious problem in this country with the caliber of Judges. Granted we have very good judges also. But within the group, there are ones that should not be allowed to be judges, but there is absolutely nothing anyone can do about it, not even other judges who agreed that a particular judge should never have made a particuar decision.

In this case the judge was politically motivated and made a political decision in the guise of a legal one.

 

[TenPenny]

Re: RE: Important On-line poll everyone should vote

You missed my point. There is no process where by a decision of the Judge in Canada can be or will be reviewed that can result in the dismissal of a Judge. PERIOD

I am not bitter, but an experience showed me that we have a serious problem in this country with the caliber of Judges. Granted we have very good judges also. But within the group, there are ones that should not be allowed to be judges, but there is absolutely nothing anyone can do about it, not even other judges who agreed that a particular judge should never have made a particuar decision.

In this case the judge was politically motivated and made a political decision in the guise of a legal one.

You may not be bitter, but you are not correct, either.

"Judicial misconduct is taken seriously. It may result in penalties ranging from issuing a warning to the judge, to recommending that a judge be removed from office."

Your problem is that your complaint was not successful, obviously. If your logic there was anywhere near as coherent as it is here, no wonder. You keep stating things that are NOT TRUE, making claims that are false.

No wonder you didn't get very far. At the very least, if you're trying to make an argument, try to use facts.

 

[iamcanadian]

Re: RE: Important On-line poll everyone should vote

You keep stating things that are NOT TRUE, making claims that are false.

Prove it!

Dennying something does not make it untrue.

 

[iamcanadian]

Re: RE: Important On-line poll everyone should vote

"Judicial misconduct is taken seriously. It may result in penalties ranging from issuing a warning to the judge, to recommending that a judge be removed from office."

This only applies if a Judge sticks his hand up someones skirt or shows up drunk to court. It does not apply when a Judge makes tainted decisions.

 

[Finder]

iamcanadian, not to sound rude but our system is based on common law. Which the oddis is on you to prove that this person has done wrong. Most law in western society is innocent until proven quility, not quility until proven innocent like you would like it. I love the fact we use Common Law. If you wish for the Marxist, or Civil Code you will have to move out of Canada for I do not see our code changing. All policitcal parties in Canada support our law system and support common law.


As many of us have stated. Show us the evidance... You can just not go around fingure pointing and expect things to change. This is not 1890's france, or 1920's Soviet Union.

 

[Finder]

There is a whole system in place for complaints, for the high and lower courts. HERE use the resource.

http://www.ontariocourts.on.ca/ontario_judicial_council/complaint.htm


REMEMBER YOU NEED PROFF this world does not just take what you saw as the ultimate truth beyound doubt unless you can back up what you can say. Thus far you have backed up nothing. ZERO nothing!

PLEASE READ THAT LINK AND EDUCATE YOURSELF IN OUR SYSTEM!

 

[TenPenny]

Re: RE: Important On-line poll everyone should vote

You keep stating things that are NOT TRUE, making claims that are false.

Prove it!

Dennying something does not make it untrue.

Well, let's see. First you claimed that Canada is the only member of the G8 without elected judges, and you're wrong there.

Next, you claim that there is no mechanism whereby a judge can be removed from the bench due to a complaint, and I proved to you that you're wrong there.

Do you need more? DO you have trouble with reading comprehension?

 

[iamcanadian]

You have proven nothing. Denying is not the same as proving. I say that you are wrong.

 

[FiveParadox]

Nor have you proven anything, iamcanadian — you have provided less proof than anyone else here.

:arrow: Removal of Justices

You stated that there was no mechanism by which to remove Justices from the Bench; this is incorrect. A Justice of the Supreme Court of Canada can be dismissed from the Court by the Governor General of Canada, on resolutions of the Senate and the House of Commons. There — a mechanism to dismiss Justices.

:arrow: Review of Decisions

You have stated that decisions of a Justice cannot be reviewed; you are incorrect. Decisions of Justices can be appealed; hence, Courts of Appeal, and the role of the Supreme Court of Canada. A decision can be appealed and thereby overturned by another Court, on another day. There — a mechanism by which decisions can be reviewed.

You are disproven on your main arguments.

 

[iamcanadian]

When and how is a Judge removed for making a bad judicial decisions?

Walk me through the steps and I will show you that it cannot be done in practice.

No Judge in Canadian History has ever been removed for having made bad Judicial Decisions. This is a fact that proves the system does not work the way people think it does.

It is NOT possible that no judge was ever found to be bad enough to be removed from being a Judge.

This is the proof.

 

[FiveParadox]

And I would refute your assertion, iamcanadian.

If you would, please present the membership with a case in which you believe that a Justice should be dismissed from the Supreme Court of Canada, or any of the Supreme or Superior Courts of the Provinces and Territories, or any of the inferior Courts for his or her conduct.

 

[Finder]

Well you realy should read the first link I sent you about the process. Plus you should read an earlyier link explaining the systems in other western nations which have totally proven that Canada is with in the norm.

iamcanadian, you have only proven to us that you have ignored the facts that canadian judges are appointed with in the normalanderds of western society and are in fact reviewed, and there is a process for their removal.

Here's the other link which should help you as well.

http://canada.justice.gc.ca/en/dept/pub/trib/page4.html

 

[TenPenny]

Re: RE: Important On-line poll everyone should vote

You have proven nothing. Denying is not the same as proving. I say that you are wrong.

You can continue to say that I'm wrong, but I pointed out that Britain is a member of the G8, and appoints judges, and I also pointed out that there is a mechanism to remove judges...you just sit there ignoring reality, continuing to spout you idiotic falsehoods.

You really and truly are an idiot. A clueless, stupid person who doesn't understand the language, the structure of our legal system, or, obviously, how to read. You should change your name to iamanidiot.

 

[iamcanadian]

You are right about Britain and this is where we got our system from. They too practice appointing judges from the Lawyer ranks which is different from every other civilized country.

The rest recognizes that Lawyering is the worlds second older profession and Judges should not be lawyers, but should be trained as judges, which should be two completely separate occupations which requires different skills and characters.

 

[FiveParadox]

You seem to be evading the calls for evidence, iamcanadian.

I would argue that our Supreme Court of Canada has never acted against the interests of Canada, in that they have discharged their duties with integrity and honour. Their decisions are based on the Constitution Acts and the Statutes of Canada, rather than feeling pressured by the public to issue rulings based on "common sense" — such is not their duty; their duty is to rule based on law, and they do so admirably.

 

[Finder]

Re: RE: Important On-line poll everyone should vote

You seem to be evading the calls for evidence, iamcanadian.

I would argue that our Supreme Court of Canada has never acted against the interests of Canada, in that they have discharged their duties with integrity and honour. Their decisions are based on the Constitution Acts and the Statutes of Canada, rather than feeling pressured by the public to issue rulings based on "common sense" — such is not their duty; their duty is to rule based on law, and they do so admirably.

I don't know about that Paradox, but you are right to say in the last 30 years we have been blessed with an extremely enlightend Supreme Court which I am very happy with and one which acts indepently from the executive and the legislative branches of government which is very immportant.

Iamcanadian, I highly recommend you read the links we sent you. The, link I first sent you on western European courts is a good one to see how most European nations appoint there high courts.

 

[iamcanadian]

I dissagree that a private association of the legal profession should be the defacto rulers over a countries whole population that calls itself a democracy.

Common sense should be the rule rather than the exception. The application of exceptions should be a rare thing reserved for the most extreme and rare cases.

Common sense is rarely applied because it does not serve the interests of the profession which is to make money for its practitioners.