Canada Supreme Court System

Great Essays
The Highest Court and Final Court of Appeal in Canadian justice system build up the Supreme Court of Canada. The Supreme Court offers permission to over 40 litigants of appeal decisions annually that are rendered by the federal, provincial, and territorial appellate courts. The court gives the ultimate expression of the decision and application of the Canadian law. Besides, the lower courts abide by these decisions. The Supreme Court was created by an act of parliament in 1875. There are cases, where a party might have its appeal, heard by the court of appeal automatically, but; in most cases, the court hears the appeal when a leave to appeal is granted. What is more, the appeals that court takes into the consideration include issues that …show more content…
To add more, the critics cite that the role of the court system of Canada interprets and arbitrates the Canadian law. They add that the Supreme Court does not have the capacity to pass the legislation or make law. However, the court guides the executive on the correct law enforcement. This paper will focus on supporting the rulings and interpretation under the charter, which fully keeps the best aspects of Canada’s liberal democracy. Additionally, it will also examine the critics of the judicial system activities in order to argue of its truthfulness. What is more, the paper will offer the detailed interpretation of the laws and amendments of the enacted laws. In addition, it will highlight the benefits of the vigorous judicial enforcement of the fundamental freedoms and rights, which strengthen the Canadian democracy. One of the issues that spark the above mentioned argument is the role of the Canadian Supreme Court in the milieu of the Canadian democracy. It is said that Canada’s Supreme Court is the central department in promotion of fair and open democracy in the society. One cannot but mention that that the central concern of Canada’s Supreme Court is the autocracy of the majority, where a segment of the society might use political and legal means with the aim of dismissing minority groupings from a social and political participation …show more content…
It is evident that Canada is a pluralistic country, which is multicultural, economically stratified, and yet the judges in the Supreme Court are; in most cases, white males of either French or British heritage, who are well educated and affluent. Thus, the lack of the representation of other nationalities, ethnics, or races means bias in the Supreme Court of Canada functions. In this context, one may mention of a case on racism that may draw subjective ruling because it is be difficult for a white male judge to adequately comprehend and address gender discrimination and racism. As a result, this is attributed to the white’s privileged status, which cannot allow them to live a social and economic segregated life. Similarly, such court representations send a negative signal to a society that reinforces inequality. The Supreme Court has been predominated by the upper class, certain, white males sends a message to the society that other groups are less valued. Today, the inadequate representation in the courts is still a

Related Documents

  • Improved Essays

    Crook County: Racism and Injustice in America’s Largest Criminal Court strives to discuss the corrupt practices that are occurring in the courts of Cook County, Illinois. This book was written by Nicole Gonzalez Van Cleve, is 272 pages in length, and was published on May 4, 2016. It wastes no time sugar-coating the great amount of racism that occurs in the courts in Cook County, going into great detail as soon as the book starts. All within the first chapter, Gonzalez Van Cleve covers just about every aspect of the people within the courthouse. She discusses judges, security, and attorneys stating that no matter which courtroom she was in, they were always all white.…

    • 1660 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Professor Gerald Rosenberg, in his analysis on whether courts are powerful agents in achieving social change, highlights two main court views: The Dynamic Court view and the Constrained Court view. The Dynamic Court view holds that courts are successful agents in producing social change, while the constrained court view argues for the opposite (Rosenberg, 2). The American civil rights movement was an important demonstration in Rosenberg’s argument of the Constrained Court view (Rosenberg, 9). The Constrained court view maintains that courts cannot produce social change. In my response, I will deconstruct his court views to understand whether courts can produce significant social reform.…

    • 1262 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    The supreme court of Canada exists to provide an unbiased body ensuring that the laws of the land uphold the rights and freedoms of the Charter. Though the Supreme Court acts as a system of checks and balances on the executive power of Canada, at what point does the system of the court give the judiciary too great a level of power? When acknowledging the constitutions and legislature in which the Supreme Court justices gain and hold their power, s. 1 of the Canadian Charter of Rights and Freedoms, and the lack of equal representation in the court, it is indisputable that the highest court in Canada is overly powerful. It is evident through the examination of court rulings and the systemic practices of the judiciary that the Supreme Court of…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Great Essays

    Mavis Baker Case Summary

    • 1492 Words
    • 6 Pages

    The case that will be examined in this case analysis is Baker v. Canada. It is a case about a mother, Mavis Baker. Ms. Baker overstayed her visa in Canada. After supporting herself illegally for eleven years, she was ordered deported. She asked to be exempt from the law based upon other circumstances.…

    • 1492 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The Supreme Court of Canada is the highest court in Canada, the final court of appeal, and the last legal resort for all litigants; therefore, the Supreme Court of Canada decisions are the ultimate expression and application of Canadian law (Supreme Court of Canada tour). The landmark decision by the Supreme Court of Canada in the R v. Keegstra case regarding the freedom of expression portrays the theoretical concepts behind the court’s ruling as it is the job of the court to deliver a fair decision to the parties involved, as well as a decision that maintains law and order in society. The R v. Keegstra ruling contains insights from the consensus theory and the labelling theory, as the decision of the court was in the interest of the public. To better understand a criminal law case and come up with a conclusion, the theory used must have a valid structure and must follow the rules of critical thinking and logic (Boyd, Cartwright and Heidt, 2015: 120). Also, the purpose of the criminal law must be understood as criminal law serves a purpose, which takes into account some theoretical aspects of the consensus theory and…

    • 1338 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Mighty Judgement Summary

    • 524 Words
    • 3 Pages

    In the book Mighty Judgement, Philip Slayton talks about the Supreme Court of Canada as a government institution which needs reform on the premises that Supreme Court of Canada is powerful, paternalistic, competent, undemocratic, and secretive. Slayton begins with the question of whether judges make or interpret the law and whether they should be doing only one of those things. Also, he describes the historical past of the Supreme Court, and how the 1982 Charter of Rights and Freedoms affected the cases which reach the Supreme Court. Slayton also analyzed the Supreme Court of Canada and came up with possible overdue reforms based on his experience as a lawyer, academic, and a previous Supreme Court clerk.…

    • 524 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    R V. Tran, 2010 SCC 58

    • 315 Words
    • 2 Pages

    The Supreme Court of Canada is the foundation of Canadian Law in our society. It keeps the criminals at bay, and the innocent free. In my opinion, the Supreme Court of Canada does it’s job in upholding a high standard of effectiveness and success. It effectively balances the rights of individuals against the needs of society The case R v. Tran, 2010 SCC 58, [2010] 3 S.CE. 350 clearly portrays the effectiveness of the Supreme Court of Canada.…

    • 315 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    The Charter of Rights and Freedoms was established in 1982 and since its creation it has made a huge impact on the legal and political landscape of Canada. Some believe that the Charter has undermined democracy and put too much power into the hands of the courts that are not elected by the people. Some also contest that the Canadian courts are becoming lawmakers and are becoming activists. However, these claims have little truth when looking at what the Supreme Court has accomplished since the enactment of the Charter. The courts use and distribute their power conservatively because of how it effects the Canadian political landscape.…

    • 1879 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    INTRODUCTION This essay examines the Australian court hierarchy, and the extension power the High Court attains as it has the ability too overturn decisions made by the Supreme Court. As it is the final court of appeal therefore reintegrates the point that the power of appointment is held within the body of the High Court. As the Australian Federal system consists of national court and a court system for each individual state and the two territories.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Thirty years since C.E.S. Franks published his authoritative 1987 work The Parliament of Canada, and despite the elevated media profile for would-be parliamentarian reformers and refuseniks after the Lefebvre and McGrath parliamentary reforms, the current Canadian House of Commons committee system remains comparatively understudied to similar Westminster-style democracies. Decades worth of government responses to committee recommendations are largely untouched, even by the Library of Parliament; empirical frameworks developed to judge committee influence and effectiveness in the UK, Australia, and New Zealand have not been exported to the uniquely Canadian federal experience. These gaps in literature impact the study of cabinet-parliamentary…

    • 1497 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    R V Labaye Case Study

    • 1458 Words
    • 6 Pages

    This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Colliery Case

    • 977 Words
    • 4 Pages

    A recurring theme prior to the advent of the Canadian Bill of Rights (1960) is that courts dealt with human and civil rights cases almost exclusively on the basis of jurisdiction. The common neglect for the principle of equality in these decisions hindered the expansion of rights to the afflicted groups. This paper will provide an overview of three landmark cases that were decided on jurisdictional basis and did little to advance the rights of the disenfranchised. In 1899 the Judicial Committee of the Privy Council established the exclusivity principle in Union Colliery Company of British Columbia v Bryden.…

    • 977 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    Through elections and the democratic process, citizens get the chance to grant authority to individuals to represent them and their interests because of this, elections and the electoral process are the cornerstones of democracy. Fair and representative elections encourage the exchange of ideas and opinions and are crucial in establishing a relationship between the government and the citizens they represent. Since elections have and will continue to be the most vital aspect of democracy, the procedural steps of elections and the formula for electing representatives will also be important. Around the world, there are different types of electoral systems. Along with these systems come debate about if these electoral systems lead to governments that truly represent the values of the population.…

    • 1759 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Australian Legal System

    • 1683 Words
    • 7 Pages

    Legal systems can be dated back to the ancient peoples. There are many different legal systems that have evolved in other parts of the world. There are two types of legal system, the secular and religious legal system. It is argued that the Australian legal system is radically different to other legal systems. This, however, is not the case through findings and comparison with the Madayin legal system and Talmudic Jewish legal system.…

    • 1683 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Part B: Article Selected: "The Truth about Canadian Judicial Activism" To begin the article, Anand states that the topic of judicial activism over the years has generated great debate. In recent years, many have denied that there is such a thing called judicial activism, for example retired Supreme Court Justice John Minister John Mayor once said: “there is no such thing as judicial activism in Canada”. As a result, many feel that the debate has allowed excessive judicial defense, resulting in legislatures and officials to act without any inspection of state actions involving vulnerable minorities. Anand moves on to provide a basic summary of the definition of what judicial activism is, and defines it as “the tendancy for judges to make, as opposed to…

    • 995 Words
    • 4 Pages
    Improved Essays