COMPARATIVE CONSTITUTIONAL LAW

Class 3

August 25, 2008

The Supreme Court of Canada

Supreme Court of Canada

COMPARE AND CONTRAST

• U.S. Supreme Court and Supreme Court of Canada

• Jurisdiction, judiciary, leave to appeal, number of cases heard,

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

• All Commonwealth realms had right of appeal to Privy Council in England. Some retained this after independence but many began to find it out of tune with their values

JUSTICES OF THE SUPREME COURT OF CANADA

The Hon. Beverley McLachlin, P.C.

• Alberta/British Columbia 1989 (Brian Mulroney) Chief Justice 2000 (Jean Chretien)

The Honourable Mr. Justice Michel Bastarache

• New Brunswick 1997 (Jean Chretien)

The Honourable Mr. Justice William Ian Corneil Binnie

• Ontario 1998 (Jean Chretien)

The Honourable Mr. Justice Louis LaBel

• Quebec 2000 (Jean Chretien)

The Honourable Madam Justice Marie Deschamps

• Quebec 2002 (Jean Chretien)

The Honourable Mr. Justice Morris J. Fish

• Quebec 2003 (Jean Chretien)

The Honourable Madam Justice Rosalie Silberman Abella.

• Ontario 2004 (Paul Martin)

The Honourable Madam Justice Louise Charron

• Ontario 2004 (Paul Martin)

The Honourable Mr Justice Marshall Rothstein

• Manitoba 2006 (Stephen Harper)

The Honourable Mr. Justice Michel Bastarache

• New Brunswick 1997 (Jean Chretien)

• Retired June 2008 so there is a vacancy on the Court

• Did he have to retire under the Constitution? Are there any term limitations for Supreme Court Justices in Canada?

The Honourable Madam Justice Louise Arbour

• (Ontario) 1999-2004• Currently U.N. High

Commissioner for Human Rights (2004- 2008 – replaced by South Africa’s Navinethem Pillay)

GEOGRAPHIC RESTRICTIONS

• What geographic restrictions are there, if any, for Supreme Court justices in Canada?

GEOGRAPHIC RESTRICTIONS

• What geographic restrictions are there, if any, for Supreme Court justices in Canada?

• By statute, 3 justices must be from Quebec. By convention, 3 from Ontario, 3 from Western provinces, 1 from 4 maritime provinces

• Are these necessary/good requirements?

COMPARE JUDICIAL APPOINTMENTS

To the Supreme Court in the U.S. and in Canada

To the left is Justice Marshall Rothstein

Compare Judicial Review

• In the United States and Canada

• Is there abstract judicial review in Canada?

Number of Cases Heard Each Year By Supreme Court of Canada

• In 2007, the Supreme Court of Canada heard 53 appeals over 46 hearing days. The number of appeals heard was 39% lower than the average number of appeals heard over the previous ten years (87). Released 58 judgments

• As for the U.S. Supreme Court, during the 2006 Term, 78 cases were argued and 74 were disposed of in 67 signed opinions, compared to 87 cases argued and 82 disposed of in 69 signed opinions in the 2005 Term

Stare Decisis

• Compare the doctrine of precedent or stare decisis in the U.S. and Canada both before and after the abolition of appeals to the Privy Council

Use of Academic Writings, Comparative and International Law• Compare the use of academic writings

and comparative and international sources in constitutional interpretation by the Supreme Court of Canada and the U.S. Supreme Court

Judicial Salaries: Supreme Courts of Canada and U.S.

• Canadian Chief Justice: $334,100Canadian Puisne Judges: $309,300

• U.S. Chief Justice: $217,400

• U.S. Associate Justices: $208,100

• Exchange rate: $1 Canadian = about $ .93 U.S.