Supreme Court of Canada Additional Notes
.pdf
School
Concordia University**We aren't endorsed by this school
Course
POLI 201
Subject
Political Science
Date
Jan 5, 2025
Pages
2
Uploaded by SargentPower12788
Supreme Court of Canada: Additional Notes1.Establishment:○Created in 1875 by the Supreme Court Act.○Initially, decisions could be appealed to the Judicial Committee of the PrivyCouncil (JCPC) in Britain until 1949, when the Supreme Court became thefinal court of appeal.2.Appointment of Justices:○Candidates must be experienced judges or lawyers with at least 10 years ofpractice.○By convention, 3 justices are from Quebec (civil law tradition), with otherstypically from Ontario, Western Canada, and the Atlantic provinces.3.Key Functions:○Judicial Review: Interprets and enforces the Constitution.○Advisory Opinions: Provides legal opinions to the federal government onconstitutional or legal issues through "reference cases."4.Charter Interpretation:○Plays a critical role in interpreting and enforcing the Charter of Rights andFreedoms (1982).○Balances individual rights with broader societal interests.5.Federalism and Division of Powers:○Resolves disputes between federal and provincial jurisdictions.○Ensures laws and policies respect the federal structure of Canada.6.Accessibility and Impact:○Appeals are heard only with the court’s permission (leave to appeal), exceptin specific cases like references or criminal law with dissent at a lowerappellate court.○Decisions are final and influence Canadian law and society profoundly.7.Recent High-Profile Cases:○Carter v. Canada (2015): Legalized medical assistance in dying (MAiD).○Tsilhqot'in Nation v. British Columbia (2014): Recognized Aboriginal titleover traditional lands.○Reference re: Senate Reform (2014): Clarified rules for Senate reform andabolition.8.Critiques and Challenges:○Judicial Activism: Critics argue the court sometimes creates policy ratherthan interpreting law.○Public Accountability: Debate over the unelected nature of justices and theirinfluence on governance.
○Cultural Representation: Calls for greater diversity in the composition of thebench to reflect Canada’s multicultural society.9.Global Comparison:○The Supreme Court of Canada is widely respected for its independence andreasoned judgments, often cited in other jurisdictions.10.Public Education:●The court engages in public outreach to demystify its role, including live-streaminghearings and providing plain-language summaries of decisions.