Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

THE EFFECT OF PURPOSEFUL MATHEMATICS DISCOURSE IN THE CLASSROOM ON STUDENTS’ MATHEMATICS LANGUAGE IN THE CONTEXT OF PROBLEM SOLVING

This study examines how one secondary school teacher’s use of purposeful oral mathematics language impacted her students’ language use and overall communication in written solutions while working with word problems in a grade nine academic mathematics class. Mathematics is often described as a distinct language. As with all languages, students must develop a sense for oral language before developing social practices such as listening, respecting others ideas, and writing. Effective writing is often seen by students that have strong oral language skills. Classroom observations, teacher and student interviews, and collected student work served as evidence to demonstrate the nature of both the teacher’s and the students’ use of oral mathematical language in the classroom, as well as the effect the discourse and language use had on students’ individual written solutions while working on word problems. Inductive coding for themes revealed that the teacher’s purposeful use of oral mathematical language had a positive impact on students’ written solutions. The teacher’s development of a mathematical discourse community created a space for the students to explore mathematical language and concepts that facilitated a deeper level of conceptual understanding of the learned material. The teacher’s oral language appeared to transfer into students written work albeit not with the same complexity of use of the teacher’s oral expression of the mathematical register. Students that learn mathematical language and concepts better appear to have a growth mindset, feel they have ownership over their learning, use reorganizational strategies, and help develop a discourse community.