The Supreme Court Of Canada Essay

1470 Words Nov 7th, 2015 null Page
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 Canada has become too powerful to serve the country as an unbiased institution and act as a check on the nation’s executive power.
To understand exactly how the Supreme Court of Canada possess too much power, one must first look at the constitutions that gives the court its power. The British North America Act of 1867 is the constitution which gives power to the Supreme Court. First the doctrine outlines the appointment of Judges to the Superior Court. It states in section 7, and article 96, “The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province.”[i] In Canada’s system of government the Governor General acts on advice from the House of Commons and the Senate, meaning the power to…

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