The Supreme Court of Canada

Paper Summary:

The paper argues that judges are appointed by elitist institutions that result in decisions that are out of touch with the political and social realities of Canadian society. The paper looks at several court cases and shows how the court essentially makes decisions that are biased towards upper class individuals. The paper concludes that the Supreme Court appointment process needs to be reformed.

From the Paper:

"The fact that social and class biases can shape judicial decisions has been proven in a number of studies. For example, in "Constituting class and crime in Upper Canada" it is argued, "Law often is constituted in ways that make its everyday enforcement a reflection of class and class-related conditions". What this means is that class is a major determinant of law enforcement. Therefore, the class composition of the Supreme Court of Canada will have a major impact on the types of decisions that are made. This means that the appointment process will have a major impact on the decisions made by the Supreme Court of Canada.
"Even when the Supreme Court of Canada makes decisions that are in line with Canadian society as a whole it can be argued that they are influenced by political patronage. This can be seen in the recent decisions about same sex marriage. In "Canada" Priya Verma et al explain how parliament voted 158-133 in favour of same sex marriage."

Sample of Sources Used:

• Anonymous, "Constituting class and crime in Upper Canada" in Social Forces, Chapel Hill, Vol.72, Iss. 3, Mar 1994: 613- 632.
• Anonymous, "Supreme Court nominee to face questions from Parliamentarians" on the Office of the Prime Minister Website, Feb.20, 2006: http://www.pm.gc.ca/eng/ media. asp?id=1025.
• Balthazar, Louis "Is the Decline of Parliament Irreversible?" in Canadian Parliamentary Review. Ottawa, Vol.25, Iss. 4, Winter 2002/2003: 18-24.
• Colter, Irwin, "An unknown but not a secret process" in Canadian Parliamentary Review, Ottawa, Vol.27, Iss. 2, Summer 2004: 13-18.
• Greene, Ian, The Courts, UBC Press, Vancouver, 2006.

More papers on The Supreme Court of Canada:

• Analytical Essay # 135197 : "Supreme Court in Canada"
• Analytical Essay # 133804 : "Supreme Court Justice Appointments in Canada"
• Analytical Essay # 130417 : "Supreme Court Judges and Democracy in Canada"

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