THE POLITICAL ROLE OF THE SUPREME COURT OF CANADA IN ITS FIRST CENTURY

Abstract

The author believes that the Supreme Court of Canada’s undeniable lack of influence over Canadian politics seems greater than it actually is, due to its inevitable comparison to the United States Supreme Court. He attempts to remove both the British and American filters and to examine the role actually played by the Court. He does so from two perspectives, first by asking subjectively how the Court has been viewed politically; and, second, considering objectively what it has actually done and how those decisions have affected values in Canada. In tracing its history of dependence on and separation from the Privy Council, he concludes it is impossible to tell what effect the Court’s decisions had on the allocation of values. He illustrates some seemingly small changes in taxation and criminal law, demonstrating how they can lead to major shifts in policy, and concludes by examining the role of the Courts in determining the Canadian Bill of Rights.