The
justice system is the mechanism that upholds the rule of law. Our courts
provide a forum to resolve disputes and to test and enforce laws in a fair and
rational manner. The courts are an impartial forum, and judges are free to
apply the law without regard to the government's wishes or the weight of public
opinion. Court decisions are based on what the law says and what the evidence
proves; there is no place in the courts for suspicion, bias or favouritism.
This is why justice is often symbolized as a blindfolded figure balancing a set
of scales, oblivious to anything that could detract from the pursuit of an
outcome that is just and fair
Judges
play many roles. They interpret the law, assess the evidence presented, and
control how hearings and trials unfold in their courtrooms. Most important of
all, judges are impartial decision-makers in the pursuit of justice. We have
what is known as an adversarial system of justice - legal cases are contests
between opposing sides, which ensures that evidence and legal arguments will be
fully and forcefully presented. The judge, however, remains above the fray, providing
an independent and impartial assessment of the facts and how the law applies to
those facts.
Many
criminal cases - and almost all civil ones - are heard by a judge. The judge is
the "trier of fact," deciding whether the evidence is credible and
which witnesses are telling the truth. Then the judge applies the law to these
facts to determine whether a claim has been established or whether there is
proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty.
If the
defendant is convicted of a crime, the judge passes sentence, imposing a
penalty that can range from a fine to a prison term depending on the severity
of the offence.
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