AND ONE STEP BACKWARD: THE SUPREME COURT AND CONSTITUTIONAL LAW IN THE SIXTIES

Abstract

In contrast to the open and activist work of the Supreme Court of Canada in the 1950’s, the author doubts anyone will ever feel nostalgic for the Court’s performance in the 1960’s. To explore the reasons for this, the article examines the Court’s work on jurisdictional issues in the field of constitutional law. 95 cases are reviewed and an attempt made to explain the contrasts between the decades by illustrating the Court’s change in style and its reluctance to use the Bill of Rights. With a specific focus on civil liberties, the author hypothesizes about the cause of these changes and comments on their implications.