THE INDEPENDENCE OF THE JUDICIARY

Abstract

The purpose of this article is to examine the level and conditions of judicial independence in the superior courts of Canada. To show that judicial independence is a distinct governmental virtue worthy of cultivation in its own right, the author traces the status of Superior Court judges in Colonial North America, beginning with the United States before the American Revolution and ending with what remained of British North America into Confederation. To assess the status of Canadian judicial independence under the B.N.A. Act, he examines the nature of the judicial plan under that Act, which raises two matters: 1) the tenure and salaries of superior court judges in Canada and 2) a constitutionally guaranteed jurisdiction for superior courts evidencing a true separation of powers. Both subjects are considered in regard to provincial and federal superior courts.