Supreme Court of Canada

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…

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…

Complainant’s Position The analysis of Ron engineering case is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. Ron engineering wanted their refund for 150,000$ deposit they did but afterwards realize they made a mistake. A call for tenders was sent out in order to get the $150,000 back which would be lost if the tendered…

It is based on the Latin Maxim Stare Decisis, which means to stand by the decided, but only if the facts before the judges are the same or similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court…

is a result of the historical development that transpired when European colonizers decided to claim land ownership over Canada. In the process of acquiring sovereignty over territories, the British Crown infringed on the land rights of Aboriginal people. The Europeans took complete control over the land by depriving Aboriginal people’s right to self-determination and land. The Canadian government has recently come to recognize past injustices and abuses against Aboriginal people. However, there…

A Legal and Ethical Analysis of the Appointment of Supreme Court Justices in the Constitution Act of 1867 The legal and ethical issues regarding the appointment of Supreme Court Justices will be examined within the context of the Constitution Act of 1867. The issue of Judicature (Section VII) in the Constitution defines the role of the governor General in the appointment of Supreme Court Justices under the guidance of the Queen’s government. In recent times, the Prime minister can provide…

on private property it must comply with the Charter of Rights and Freedoms. Now, police must exercise their power to enter private houses to arrest a suspect under Feeney warrants. This may or may not give the accused an advantage, because if there is no more evidence to the prove the crime of the guilty, the person can walk free. However, if there is more evidence like in the Feeney case then they will no matter what be punished. This impacts Canadians in a positive and negative way as well; if…

For an individual to be blameworthy and criminally responsible for their actions, the accused person must have committed the actus reus and the mens rea. In the case of the accused pleading Not Criminally Responsible on Account of Mental Disorder (NCRMD), the court focuses on whether the accused had the mens rea while committing the alleged offence (Verdun-Jones, 2015). If the accused person did not know what he or she was doing was wrong, or did not appreciate the conduct or omission, the…

Methodology Data collection and limitations Accessing the court cases was relatively easy. The Rodriguez v. British Columbia (1993) case and the appellant and intervener’s factum regarding the Lee Carter, et al. v. Attorney General of Canada, et al. (2014) case were downloaded from the website of the Canadian Supreme Court; the Carter v. Canada (Attorney General) (2012) case was accessed via the website of the British Columbia Supreme Court. The chosen dataset, however, has some flaws that need…

the case, Donald Marshall, was a Mi’Kmaq Indian who was charged with three offences found in the federal fishery regulations: Fishing without a license, selling eels without a license, and fishing during the close season. In the first decision, the Supreme Court of Canada held that Donald Marshalls practice of catching and selling eels was valid and legal, so found under the 1760 and 1761 treaties between the Mi’kmaq and Britain. Known specifically as the Burying the Hatchet ceremony, it was one…