Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 14 November 2019

Abstract and Keywords

The judiciary plays a prominent role in the maintenance and development of the Canadian constitutional system. Apart from maintaining the rule of law and the administration of justice, the courts and the members of the judiciary are important constitutional actors, as they provide interpretation of the federal division of powers and the Canadian Charter of Rights and Freedoms. Understanding the evolution of Canadian federalism is incomplete without considering the decisions of the Judicial Committee of the Privy Council (JCPC), Canada's highest court until 1949, and the Supreme Court of Canada after the abolition of the JCPC. This article discusses the structure and functions of the court system of the Supreme Court of Canada. The first section discusses the constitutional basis of the court system in Canada and the boundaries of judicial responsibilities between provincial and federal governments. The second section focuses on the appointment of judges and the reform movements by the federal and provincial governments since the 1960s. The third section discusses the Supreme Court of Canada and the three significant events that formed this institution: the abolition of appeals to the JCPC in 1949; the eradication of appeals as of right in 1975; and the entrenchment of the Canadian Charter of Rights and Freedoms in 1982. The last section discusses the courts and their contribution to the evolution of Canadian federalism and the Canadian Charter of Rights and Freedom.

Keywords: judiciary, Canadian federalism, Judicial Committee, Supreme Court, court system, appointment of judges, Canadian Charter

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.