THE SUPREME COURT OF CANADA IN THE 21ST CENTURY

Abstract

This paper reviews the evolution in the role and fonctions of the Supreme Court of Canada over the past 25 years, and attempts to identify certain major challenges facing the institution in the decades ahead. In the past 25 years, the Supreme Court has moved from a traditional appellate tribunal to a body exercising a broader supervisory function in the interpretation and the application of Canadian law. Professor Monahan describes the nature of this evolution, and compares certain key aspects of the Court's current caseload and performance with that of the English House of Lords and the U.S. Supreme Court. He also reviews the continuing debate over the legitimacy of judicial review under the Charter and argues that, contrary to the claims of certain critics, the Court has been largely successful in striking an appropriate balance between its own role and that of the legislative and executive branches.