What observers say
“Respect for the law, reverence for the Constitution, really begins with American citizens,” stated Supreme Court Justice Amy Coney Barrett during a recent discussion on the role of the judiciary in society. Her words resonate deeply, especially in a time when the relationship between citizens and the law is under scrutiny.
The Supreme Court, whether in Canada or the United States, serves as a crucial pillar of democracy. In Canada, the Supreme Court comprises nine judges, including the chief justice and eight puisne judges, all appointed by the Governor General on the advice of the Prime Minister. This structure ensures a diverse representation of perspectives, with at least three judges hailing from Quebec, reflecting the country’s bilingual and multicultural fabric.
Justice Barrett’s emphasis on community values highlights a fundamental aspect of the judicial system. “Collegiality is an act of will,” she remarked, underscoring the importance of cooperation among justices to uphold the law effectively. This collegiality is particularly vital in the Supreme Court of Canada, which has a higher rate of unanimous decision-making compared to its American counterpart. This trend suggests a commitment to consensus and shared values among Canadian justices.
In recent years, the Supreme Court of Canada has tackled significant issues, such as the invalidation of prostitution-related offences and the constitutionality of physician-assisted suicide. These landmark decisions not only reflect the evolving values of Canadian society but also demonstrate the court’s role in addressing complex moral and ethical dilemmas.
Justice Barrett also noted, “You can’t make people respect the law,” a poignant reminder that the effectiveness of the judicial system relies heavily on the community’s engagement and respect for legal institutions. This sentiment echoes the ongoing discussions about the importance of civic education and the role of citizens in upholding democratic principles.
Furthermore, the Supreme Court of Canada hears appeals from provincial and federal courts and has the power to overturn acts of Parliament and provincial legislatures. This authority places the court at the center of Canadian governance, ensuring that laws align with the Constitution and reflect the will of the people.
As we look to the future, the appointment process for Supreme Court justices in Canada has evolved. In 2016, Prime Minister Justin Trudeau established a process involving an independent selection committee, aiming to enhance transparency and public trust in the judicial appointment process. This initiative reflects a broader commitment to ensuring that the judiciary remains responsive to the needs of the community.
With the Supreme Court of Canada deciding only 34-59 cases per year over the past six years, each decision carries significant weight. The careful consideration given to each case underscores the court’s dedication to justice and the rule of law. As Justice Barrett aptly stated, “The framers had the wisdom to not try to put too much in the immovable document, the one that would be harder to amend.” This wisdom continues to guide the judiciary as it navigates the complexities of modern society.
