Canada Supreme Court System
1934 Words
8 Pages
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
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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
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