The Supreme Court Of Canada Essay - 1778 Words

The supreme court of Canada has overruled numerous laws put forward by the Harper government. In 2010, former Prime Minister Stephen Harper was opposed to the Vancouver Eastside supervised injection site. Stephen Harper took a conservative approach to the issue, he said that â€Å"we as a government will not use taxpayer’s money to fund drug use† (Rachlis, 2010). The Prime Minister did not recognize the potential benefits to Canadian society as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights and preserve justice in Ca nada. Through analyzing judicial review, I will demonstrate how judge’s role is much more than an interpretation of law through exploring the idea of Charter proofing, integrating public opinion in decisions, production of common law and judicial activism that serve in creating a climate that is adaptive to new issues that may arise and free from arbitrary rule. The Fathers of confederation adopted a political system that created three branches of government: the executive branch, the legislative branch and theShow MoreRelatedThe Supreme Court Of Canada1984 Words   |  8 PagesThe Supreme Court is one of the most influential ways in determining whether something is considered to be â€Å"constitutional† in many developed countries around the world, including Canada. Within this country, the Supreme Court is the highest Court of Appeal that both territories and provinces can bring court cases to, making it extremely important in the way the country functions (The Supreme Court of Canada, 2016). Within this country, the way the judges are chosen is something that has recentlyRead MoreThe Supreme Court Of Canada1969 Words   |  8 Pages In 2013 the Supreme Court of Canada (SCC) struck down the Country’s existing prostitution laws because they violated Section 7 of the Charter of Rights and Freedoms (hereafter referred to as Th e Charter) as they infringed in a sex workers right to life, liberty and security, specifically because while the act of being a sex worker was not illegal, many of the aspects around it were which was deemed unjust (Perrin, 2014: 6-7). This case is important not only because of the way it effects sex workersRead MoreThe Supreme Court Of Canada Decision Essay855 Words   |  4 PagesIntroduction You have asked me to summarize the Supreme Court of Canada decision in Dorà © v Barreau du Quà ©bec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of â€Å"expressive value† of the content in the letter, with theRead MoreReviewing The Supreme Court Of Canada Case993 Words   |  4 PagesAnalyzing the Supreme Court of Canada Case: Carter v. Canada (Attorney General)- the Death with Dignity Case The appellants Lee Carter, Hollis Johnson and Gloria Taylor joined with other appellants to bring the civil claim which is against the prohibition on assisted suicide found in s. 14 and s. 241 (b) of the Criminal Code (Carter, para. 20). The same issue which was brought in Rodriguez v. British Columbia 20 years ago was declared to be constitutional. In this case, ultimately Lee Carter’s appealsRead MoreR.v.Feeney Supreme Court of Canada Hearing2554 Words   |  10 Pagesand their privacy rights are infringed. The job of the courts are then to evaluate the case, and check if the appellants rights were indeed violated, if so was it because the protection of society outweigh the individual right to privacy. First, in this paper we will discuss important section numbers relating to the Feeney case which includes section 8, 10 (b), and section 24 (b). Than we will examine the ruling from the Supreme Court of Canada regarding the Feeney case and how this case has impactedRead More The Charter Of Rights And Freedoms1139 Words   |  5 Pages1960’s-1970’s Quebec was extremely discontent with being apart of Canada due to the language barer and being a minority. Many citizens in Quebec even wanted to separate themselves from Canada and form their own nation. Prime Minister Pierre Trudeau decided that the new charter in order to ensure the rights of people residing in Quebec. In order to do this Trudeau had to create an amending formula for the British North-American Act. This would grand Canada its independence from Brittan. After gaining independenceRead MoreCanada Public Policy Essay1665 Words   |  7 Pageswhich public policy is crafted and applied in Canada. Factors such as policy paradigms, the government in power, and economic incentives greatly impact how public policy affects Canadians. However, an unexpected political actor shapes Canadian law in a more extrinsic and all-encompassing way and acts as a sort of â€Å"unofficial† pol icy maker in government despite its role in the judicial court system: The Supreme Court of Canada. The Supreme Court of Canada is a public policy maker because it has theRead MoreThe Canadian Criminal Justice System1219 Words   |  5 Pagesconsists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts. The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgementRead MoreUnderstanding the Complexity of Canadas Courts Essay736 Words   |  3 Pages In America we have a complex system of courts that many do not understand, this is the same in many other countries too. There are many different types of court system you could have. There is Common Law, Civil Law, a mix of both and Islamic Law. America has a type of law called Common Law, which originally comes from England. This type just means that there are decisions by judges and courts. Another country with this law is Canada. When you look at the systems you can see how similar they areRead MoreEssay on court system1467 Words   |  6 Pagesbasic role of the Canadian cou rt system is to deliver justice between two individuals or two individuals and the state. There are four levels of court in Canada. Provincial courts are the lowest in terms of power. They handle most of the day to day cases. The next court in terms of power is the provincial and territorial superior courts. These courts take care of the more serious crimes that are admitted into the system, and can also take appeals from provincial court judgments. Another that has