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Canada's Trial Courts - Two Tiers or One? (Hardcover)
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Canada's Trial Courts - Two Tiers or One? (Hardcover)
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One of the most important but least examined aspects of the
Canadian judicial system is the dual structure of civil and
criminal trial courts. Canada's Trial Courts examines the
co-existence, in every province, of superior courts (presided over
by federally appointed judges) and 'lower' courts (staffed by
provincially appointed judges). Combining both political and legal
analysis, this is the first book to provide an in depth study of
the evolution and operation of Canada's trial courts. This
collection of essays begins with an exploration of the
constitutional origins of Canada's integrated court system and the
failure of federal and provincial governments to cooperate in its
development. Following are discussions of a number of contemporary
reform projects in various jurisdictions, including Quebec, Nova
Scotia, Alberta, and Nunavut, as well as examinations of competing
visions of how Canada's trial courts should be organized in the
future. To put the issue in a comparative perspective, the
concluding section provides examples of how trial courts have been
restructured in the United Kingdom and the state of California.
Proposing a range of practical alternatives to the present system,
the volume offers a ground-breaking legal analysis that addresses
constitutional obstacles to trial court reform, and assesses the
political factors that influence reform at the judicial level.
Featuring distinguished contributors from a variety of disciplinary
backgrounds, Canada's Trial Courts offers a comprehensive and
up-to-date examination of an important but neglected issue that
ultimately has a profound impact on the quality of justice that
Canadians experience.
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