Issue 2: The Role of the Supreme Court in Canadian Law and Society Background: The...
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Issue 2: The Role of the Supreme Court in Canadian Law and Society Background: The Supreme Court of Canada has played an increasingly important role in shaping Canadian law and society since the implementation of the Charter in 1982. Many have argued that the Supreme Court, as an appointed body that is not accountable to the public, has overstepped its appropriate boundaries and improperly usurped the elected role of the parliament and provincial legislatures as the prime sources of public policy. In particular, people point to the self-determined power of reading into the constitution as a concerning development for unelected judges. Others, meanwhile, have argued that the Supreme Court is fully justified in the interventionist policies that it has adopted, and serves a critical role in protecting minorities and disenfranchised individuals from tyranny of the majority, and in serving as a critical check on the power of the government in a liberal democracy. The Question: BE IT RESOLVED that the Supreme Court of Canada has gone too far in intervening in Canadian law and public policy since the adoption of the Charter in 1982, and the SCC should, in the future, exhibit greater deference to the will of the Canadian people as expressed through the Canadian Parliament and the provincial legislatures.
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