1). The (Court system of Canada, ) forms the judicial branch of government, formally known as "the Queen on the Bench" which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial. Very generally speaking, Canada's court system is a four-level hierarchy from highest to lowest in terms of legal authority. Each court is bound by the rulings of the courts above them; however, they are not bound by the rulings of other courts at the same level in the hierarchy.
Provincial courts
The first is the term "provincial court," which has …show more content…
It also has concurrent jurisdiction with the superior trial courts of the Provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisdictional legal actions between the federal government and a provinces.
2). Explain the trial process in Canada.
2). A trial gives the prosecution and the defense an equal opportunity to present their evidence. A basic principle of Canada's justice system is that the accused is innocent until proven guilty. According to (Manitoba Justice, ), trial process in Canada -:
Beginning - The trial begins with the prosecutor presenting the evidence against the accused. This is done by calling witnesses and introducing materials as evidence to support the charges.
Cross examination - Each witness called for the Crown is asked questions by the Crown attorney. This is called direct examination or examination-in-chief. The defense is then given an opportunity to question the prosecutor's witness and present evidence favoring the …show more content…
The applicant must have a real opportunity to present his or her case or challenge the case against them.
e. The court of tribunal must give reasons for its judgment.
f. There must be equality of arms between the parties, so, for example, the defense has the same right to examine witnesses against them as the prosecution has.
g. In criminal cases, there is a right to silence and a privilege against self-incrimination.
h. An accused person must have the right to effective participation in their criminal trial.
i. The hearing and judgment must be made public.
Necessities to satisfy rules of natural justice – In order to satisfy rules of natural justice these requirements need to be satisfy.
A. The first requirement is a fair hearing.
B. Another requirement of the rules of natural justice is that the decision be made by the persons hearing the evidence.
C. A third requirement is that the decision makers must be impartial.
5). Distinguish between negotiation, mediation and arbitration and discuss the advantages of each of them.
5). Difference between negotiation, mediation and arbitration –
Negotiation Mediation Arbitration
Negotiation should be tried first Neutral third party facilitates communication but does not make decision Arbitration involves