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Courts - Final

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Political Science
POLI 221
Rick Schultz

Topic 9 The CourtsThee views of the courts o 1little has changed it is not the dawn of a new era o 2 we have gone in less than two decades from a system of parliamentary supremacy to judicial supremacy o 3 Since the Charter our judges have elected themselves into a position where they are superparliamentarians and supercabinet ministers so that we no longer have a government composed of the executive the legislative and the judicial branches becoming the Mickey Mouse of governmentPublic policies affected by Charter 1982 o Abortion mandatory retirement strikes and picketing refugees nuclear weapons assisted suicide pornography Sunday shopping child oriented ads minority language educational rights Frenchonly signs extradition drunk driving hate literature rights of civil servants sexual assault access to private health insuranceObjectives o 1 review traditional roles of the courts o 2 review the content of the Charter o 3 effect of the Charter on the structure of governmental power in CanadaTraditional Political role of courts o 1Judicial role in interpretation of Division of Powers o 2Interest group use of Judicial progress o the umpire of the Constitutionfederal governmentContent of the Charter o Central provisions o Section 52 o Central provisions o Bill of rights the one passed under Diefenbaker in 60s only applied to federal government and federal rights and was not entrenched in constitution it was more symbolic o Entrenched in Constitution o Replaces Bill of Rights o Applied to federal and provincial governmentsTrudeau called bill of rights a mere stack of paperBill of Rights changes the role of the courtsCourtsguardian of the Constitution o Section 24 gives the courts enforcement powers Remedies clause can nullify laws have it changed within a yearS52constitution is the supreme law of the landOriginal charter was weaker than it is now opposition conservatives forced parliamentary committee Interest groups beefed it up pushed to make it stronger ex Women o S2 Fundamental Rights
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