Canadian Courts Overview

A court system with the authority to hear cases related to both civil and common law, reflecting the legal traditions of Canada.

The division of powers between the federal and provincial governments in Canada, as outlined in the Constitution Act, 1867.

A section of the Constitution Act, 1867, that outlines the provincial government's power to administer justice within its province, including establishing courts.

The section in the Constitution Act, 1867 that grants Parliament the power to establish a general court of appeal for Canada and other courts for the better administration of federal laws.

The highest court in Canada, responsible for hearing appeals from provincial courts of appeal and the Federal Court of Appeal.

The trial court in the provincial court system, with broad jurisdiction to hear cases involving criminal, civil, and family matters.

The federal court system, established under the Constitution Act, 1867, with jurisdiction to hear cases related to federal laws.

A specific type of federal court designed to hear appeals related to income tax matters.

The ability of a court or judicial system to be seen as legitimate and trustworthy by the public. This includes the ability to have its decisions enforced and respected.

The principle that judges should represent the diversity of the Canadian population, including considerations of gender, race, and regional representation in court.

The power of the Supreme Court of Canada to issue rulings on significant questions of law, including interpretations of the Constitution, federal and provincial legislation, and other important legal issues.

The Governor General in Council (the Governor General acting on the advice of the Cabinet) has the power to refer important legal questions to the Supreme Court of Canada for their opinion and interpretation.

The likelihood of individuals and institutions complying with judicial decisions based on their perception of the court’s legitimacy and fairness.

The process through which the executive branch of government enforces judicial decisions, particularly when there is resistance or non-compliance from individuals or groups.

When a judge is appointed to the Supreme Court of Canada solely from among judges of the Court of Appeal or Superior Court of Quebec, creating a potential imbalance in the representation of different regions on the court.

The concern that the Supreme Court of Canada may appear biased or influenced by regional interests, particularly in cases involving disputes between Quebec and other Canadian provinces.

Majority rule for legislative action. The majority's decision dictates the law.

The argument that it is the responsibility of elected representatives in the legislature to define and protect rights.

The potential abuse of power by the majority, leading to the suppression of minority rights.

The concept that democracy is not just about voting, but also about safeguarding individual rights from the potential overreach of government power.

The ability of a court to review and potentially invalidate laws passed by the legislature, if those laws conflict with the constitution.

The challenge of justifying why an unelected body (the judiciary) can overturn the decisions of elected representatives.

The ability of an elected legislature to overturn a judicial decision by passing a new law or amending the constitution.

A system where the judicial decision is final and binding on the legislature, even if it contradicts a law passed by the elected representatives.

The Governor General can ask the Supreme Court of Canada (SCC) for an opinion on important legal questions, even if there's no actual court case. This process is called a "reference".

The SCC is obligated to give its opinion on any question referred by the Governor General. Their findings are official and formally communicated to the government.

A province's highest court can also ask its highest court for an opinion on legal issues. This is similar to the reference process at the federal level and is also binding.

The government can seek a formal opinion from the SCC on legal matters even without a live dispute. This is called an "advisory opinion."

Advisory opinions from the SCC aren't binding, meaning they're not legally enforceable. They're meant to offer guidance.

The SCC's advisory opinions are considered persuasive precedents, similar to actual rulings in cases. This gives them significant weight.

The SCC is unlikely to contradict its own advisory opinion later, even if the earlier advice was not binding. This creates a sense of consistency in their legal guidance.

The Canadian government's reliance on advisory opinions from the SCC creates a complex situation where a non-binding advice has strong legal implications.

The power of a government to overrule court decisions, often used to protect specific interests or to overturn rulings deemed inconsistent with their policies.

A power unique to the federal government, allowing it to disallow provincial legislation, within specified time limits, that it considers objectionable.

A tool governments can use to override controversial court rulings that may infringe on their policy priorities.

A pre-emptive use of the NWC by a government to prevent potential lawsuits or judicial challenges to a piece of legislation.

Frequent use of the NWC by the Quebec government as a means of protecting French language and cultural rights.

A controversial recent example of the NWC used by the Quebec government to restrict public servants from wearing religious symbols.

Governments employ NWC to address various issues, including labor disputes, societal values, and legal challenges.

The use of the NWC to influence the process of Canadian patriation in 1981, demonstrating the impact of this political and legal tool.

The principle that the Constitution is the supreme law of the land and all other laws must comply with it.

The Charter of Rights and Freedoms is a part of the Constitution of Canada.

The judiciary has the final say on defining the meaning of rights enshrined in the Charter of Rights and Freedoms.

The default position of the Canadian legal system is strong-form judicial review, meaning courts can strike down laws that violate the Constitution.

A Bill of Rights that is formally protected within the Constitution, making it very difficult to change.

Parliament or a provincial legislature can temporarily override a specific Charter right if it's deemed necessary for a limited time.

A declaration made under the Notwithstanding Clause can only last for five years and needs to be re-enacted by Parliament.

While the Charter is the main Bill of Rights in Canada, the old 'Statutory Bill of Rights' still exists and provides some protection for rights.