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Judges decide a variety of cases that come before the courts, including civil suits, criminal cases and family law matters. Their role in the court is important to ensuring fairness.
Judges are responsible for keeping court proceedings on track and ensuring that the rules of court are followed. This ensures that rights of individuals in court are protected. They also make rulings during proceedings when necessary. At the end of a court matter, the judge will give their final decision.
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.
— The Canadian Superior Courts Judges Association
When there is no jury, judges:
Judges must provide reasons for their decisions. Sometimes judges will give their reasons in court right after the case is over. Other times, judges will give their decision at a later date after considering the matter for awhile. Judges may also choose to provide their reasons orally or in writing.
In cases where there is a jury, the judge ensures that the rules are followed and that only proper evidence is heard. The jury decides which facts to believe and makes the decision in the case based on instructions from the judge. These instructions include an explanation of the laws that apply. They also include what the jury can consider when making their decision about the outcome of the case and the criminal sentence or civil remedy. Juries do not provide reasons for their decision. For more information, see Jury Duty.
Judges must hold themselves to high standards. They must both be and appear to be fair and impartial. Because of this, judges are prohibited from overseeing cases where they may have a conflict of interest. For example, if the judge has a relationship with one of the litigants, it could be a conflict of interest. As well, judges cannot belong to or donate to a political party, and they must refrain from signing petitions. They must exercise caution when speaking in public about political, social, or legal issues.
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