Canada -- A Student essay


This ISP is is about my views on the Canadian Constitution
and what I think needs to be changed in it. Some topics I
have chose to discus, which I think need to be changed are
ones such as the notwithstanding claws and it's
disadvantages, as well as the discanct society claws and
it's disadvantages as well as what effects it has on the
Canadian socity. I will also discuss the effects and
disadvantages of what the appontiment of the supreme court
The supreme court of Canada is the highest court in Canada.
The role of the supreme court is to hear cases which have
been heard in provincal court and have been appeled to the
supreme court for futher ruling. The court also hears cases
which deal with constutitionl law and cases that deal with
criminal and civil cases. In appointing judges for the
supreme court a process of elimination is used by going
through all of the provincal lawers untill one is found who
is thought to be fit for the possition. Judges manitain
officewith good behavoruntill age 75 and can only be
removed by the Governal general of Canada with addvess from
the senate and house of commons.
The Supreme Court is also a general court of appeal for
criminal cases. In theory any citizen may come before the
Supreme Court to plead his own case, but such instances are
rare. In criminal cases the court will hear appeals if an
acquittal has been set aside or if there has been a
dissenting judgement in a provincial Court of Appeal on a
question of law. A guilty verdict in a case of first-degree
murder may automatically be appealed to the Supreme Court.
If it first grants leave to appeal, the court may also hear
appeals on questions of law arising from summary
convictions or indictable offences. In civil cases appeals
may only be presented with the prior permission of the
court; such permission is granted when the court believes
that the case raises a question of public importance or an
important issue of law or of mixed law and fact that ought
to be decided by the court in the national interest.
In about 75% of its cases, the court explains its reasoning
along with its decision. In about 56% of these cases, it
has upheld the decision of the lower court. Normally the
justices go into conference immediately after the argument
of a case, review its elements and compare their opinions.
One of the justices drafts the court's judgement. If, after
receiving and reading this judgement, his colleagues
disagree with it, there may be further work sessions. In
principle, the court tries to hand down unanimous verdicts,
but frequently this cannot be done, and the justices who
disagree with the majority opinion write a dissenting
judgement which is published along with the other. These
dissensions are very important because they permit jurists
to see the tendencies at work within the court. The rules
of procedure ensure that the parties provide the court with
a dossier of everything that happened in the court of first
instance and in appeal, including all transcripts and main
procedural documents. As well, parties must present a
factum containing a summary of the case facts, the points
in dispute, the reasons the case is being pursued and their
Some disadvantages to apponting Judges over electing them
for the supreme court is that lawers who work hard to try
and seek justice may not get a fair chance to be a supreme
court judge, but ones who put on a pretty may. It is also a
disagvantage to Canadian citicans because no one in our
country becides a person who is appointed has a say in who
is going to decide the way our socitey is run and
maintained. It is also a disadvantage because it is not a
varry democratic way of running a country and gives the
people really no say in what precedents they want set in
our law for the way the country is run.


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