The Supreme Court Of Canada

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Canadian intergovernmental relations are complicated due to many factors including the division of powers between the federal and provincial government. It is widely known that the Constitution Act, 1867 laid out the powers and jurisdiction of the federal and provincial government. In order for the Constitution to be upheld and followed, a national court was needed. Prime Minister Alexander Mackenzie and parliament enacted the Supreme Court Act which created a final Canadian Appeal Court and the Supreme Court of Canada which was composed of one Chief Justice and five puisne Justices (Iacobucci, 28). However, the number of Judges in the Supreme Court has risen to nine, which includes the Chief Justice. The Justices are chosen from throughout Canada “so that the judges would bring a rich diversity of experience and understanding to the Court (Iacobucci, 32). Functions of the Supreme Court of Canada include interpreting the Constitution including the Canadian Charter of Rights and Freedoms, judicial review, and determining the division of powers between the federal and provincial governments. The Supreme Court of Canada has had a significant role in determining the division of powers between the federal and provincial governments; therefore, has made how the country of Canada the way it is today. The role of the Supreme Court of Canada has changed throughout history, having different effects on the Canadian government. The interpretation of the division of powers between the federal and provincial governments by the Supreme Court has changed substantially through the Judicial Committee of the Privy Council, peace, order and good government clause, province inabilities, and the Canadian Charter of Rights and Freedoms.
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...en introduced with new issues of jurisdiction like environmental issue that were not their main concern previously. Furthermore, with the introduction of the Canadian Charter of Rights and Freedoms again changed how the Supreme Court interprets division of power, because they have a new factor they have to take into account. Recently the role of the Court has not been as substantial as it was in the 19th and 20th century in determining the division of powers between the two levels of governments. This is due to the fact that provinces and the federal government do not like winner take all system in the courts, even though they relatively tried to stay balanced today in decision making. Overall, the Supreme Court of Canada’s ever-changing role in the division of powers between the federal and provincial governments has been significant in the way Canada works today.

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