The Canadian Legal System

Paper Summary:

This paper briefly outlines the reasons why judges should not make laws in Canada. Specifically, the paper assesses the dangers of having unaccountable officials in the role of law-makers. It also examines how special interests can insinuate their way into the deliberative process courtesy of judicial activism. Finally, the paper explores how the credibility of the courts as a bastion of even-handedness can be damaged by judicial activism.

Table of Contents:
Introduction
Unaccountable Public Officials Acting As Elected Officials
Special Interests
Judicial Activism Creates Appearance Of Subjectivity, Not Objectivity
Proposal For Reform
Conclusion

From the Paper:

"The easiest way in which Canadians can cut down on judicial activism is to borrow from American practices. Specifically, nominated justices should attend public hearings and be asked about their political philosophy towards various aspects of the law. At the same time, the entire vetting process should be made available to all parties and not simply to the ruling party (or the Prime Minister's Office). Additionally, albeit it is a more controversial point, justices who appear to offer fanciful interpretations of the law should be subject to recall - either for outright incompetence or for a lack of integrity. If these measures are done, Canadians will have a cost-effective way of curtailing irresponsible activism which might lead to some groups being deliberately favored over others by the courts."

Sample of Sources Used:

• Byfield, Link. "If the Chief Justice Has a Credibility Problem, He Should Quit Politics and Stick to Law." Alberta Report 7 Sept. 1998: 2.
• MacMillan, C. Michael, and Raymond Tatalovich. "Judicial Activism vs. Restraint: The Roles of the Highest Courts in Official Languages Policy in Canada and the United States." American Review of Canadian Studies, 33.2 (2003): 239-260.
• Morton, F.L., and Rainer Knopff. The Charter Revolution and the Court Party. Peterborough, ON: Broadview Press, 2000.
• Pal. Leslie A. "Advocacy Organizations and Legislative Politics: The Effect of the Charter on Interest Group Lobbying over Federal Legislation, 1989-1991." In F. Leslie Seidle, (ed.), Equity and Community: The Charter, Interest Advocacy and Representation. Montreal: Institute on Public Policy, 1994.

More papers on The Canadian Legal System:

• Analytical Essay # 130579 : "Judges and the Canadian Legal System"
• Essay # 85870 : "The Canadian Justice System"
• Term Paper # 143845 : "Canadian Legal System"
• Essay # 137512 : "Crime and Punishment: Women, Domestic and Sexual Violence, and the Canadian Legal System during the late-nineteenth and early-twentieth Centuries"

APA Citation:

MLA Citation: