Chapter 5 – The Charter and The Courts Unit 2 – Rights and Freedoms The Role of the Courts

Agenda 1. The Role of the Courts 1. The Role of the Courts 2. Work on Tuesday’s handout reading and questions 2. Work on Tuesday’s handout reading and questions

Learning Goal for Today By the end of the lesson, students will be able to explain the role of the courts in determining law-making jurisdiction By the end of the lesson, students will be able to explain the role of the courts in determining law-making jurisdiction

Expectations Expectations CGE3f – examines, evaluates and applies knowledge of interdependent systems (physical, political, ethical, socio-economic and ecological) for the development of a just and compassionate society CGE3f – examines, evaluates and applies knowledge of interdependent systems (physical, political, ethical, socio-economic and ecological) for the development of a just and compassionate society explain the role of the courts in determining law-making jurisdiction explain the role of the courts in determining law-making jurisdiction

Role of the Courts Interpret constitution Interpret constitution Solve jurisdiction disputes Solve jurisdiction disputes Ultravires Ultravires Intravires Intravires

Structure of the Courts British model British model Hierarchical Hierarchical Provincially Court of Appeal is Highest Provincially Court of Appeal is Highest

The Historic Role of the JCPC Judicial Committee of the Privy Council (JCPC) was Canada’s final court of appeal for constitutional matters until 1949 Judicial Committee of the Privy Council (JCPC) was Canada’s final court of appeal for constitutional matters until 1949 After Confederation, 100+ jurisdictional judgments After Confederation, 100+ jurisdictional judgments Federal powers narrowly defined by JCPC Federal powers narrowly defined by JCPC

“Persons” Case 1929 “Persons” Case, 1929 “Persons” Case, 1929 JCPC overturned SCC JCPC overturned SCC “Living Tree” approach “Living Tree” approach Can’t forsee everything Can’t forsee everything

Judiciary Judiciary includes all judges Judiciary includes all judges Judges are appointed by the federal & provincial gov’t Judges are appointed by the federal & provincial gov’t

Federal Appointments Supreme Court of Canada Supreme Court of Canada Provincial Courts of Appeal Provincial Courts of Appeal Provincial Superior Courts Provincial Superior Courts Federal Court Federal Court

Provincial Appointments Provincial Courts Provincial Courts Small Claims Courts Small Claims Courts

Judicial Independence Judges must function independently of other branches Judges must function independently of other branches Suspicion of political interference = resignation Suspicion of political interference = resignation Appeal from lower courts for errors of law only (no retries) Appeal from lower courts for errors of law only (no retries) Judicial independence not universal in world Judicial independence not universal in world

Humour Break

Supreme Court of Canada Section 101 of the BNA Act authorized Feds to create in 1867 Section 101 of the BNA Act authorized Feds to create in 1867 Finally created in 1875 Finally created in 1875 Nine judges: appointed by Feds* Nine judges: appointed by Feds* *(Don’t write) Ad Hoc committee (bipartisan - which can’t reject a nomination but can raise questions if an appointment owes more to ideology or political connections than to merit)

Supreme Court of Canada Composition Three from Quebec (Civil Code) Three from Quebec (Civil Code) Three from Ontario Three from Ontario Two from the Western provinces Two from the Western provinces One from Atlantic Canada One from Atlantic Canada

Supreme Court of Canada The Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada The Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada

Supreme Court of Canada The Honourable Mr. Justice Louis LeBel The Honourable Mr. Justice Louis LeBel

Supreme Court of Canada The Honourable Madam Justice Marie Deschamps The Honourable Madam Justice Marie Deschamps

Supreme Court of Canada The Honourable Mr. Justice Morris J. Fish The Honourable Mr. Justice Morris J. Fish

Supreme Court of Canada The Honourable Madam Justice Rosalie Silberman Abella The Honourable Madam Justice Rosalie Silberman Abella

Supreme Court of Canada The Honourable Mr. Justice Marshall Rothstein The Honourable Mr. Justice Marshall Rothstein

Supreme Court of Canada The Honourable Mr. Justice Albert Cromwell The Honourable Mr. Justice Albert Cromwell

Supreme Court of Canada The Honourable Madame Justice Andromache Karakatsanis The Honourable Madame Justice Andromache Karakatsanis

Supreme Court of Canada The Honourable Mr. Justice Michael Moldaver The Honourable Mr. Justice Michael Moldaver

Humour Break

Supreme Court of Canada