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The judiciary is represented by the courts and has the function of resolving conflicts related to laws. It consists of courts of federal and provincial jurisdiction, and is completely independent of the legislative and executive powers.
In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.
The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most ...
Trials the judge not only makes the legal conclusions but also is the finder of fact. Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
The Attorney General of Canada provides legal services to the Government. The Attorney General also oversees federal prosecutions within the framework of the Director of Public Prosecutions Act and is supported by the Public Prosecution Service of Canada, which is independent from the Department of Justice.
Rule 52 ? Findings and Conclusions by the Court; Judgment on Partial Findings. (a) Findings and Conclusions. (1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.
After the trial concludes, both sides write up extensive "Proposed Findings of Fact and Conclusions of Law" that detail exactly how they think the Court should rule on each point in dispute.