Supreme Court of Canada in the context of "Canadian Charter of Rights and Freedoms"

⭐ In the context of the Canadian Charter of Rights and Freedoms, what characterized the Supreme Court of Canada’s approach to the preceding Canadian Bill of Rights?

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⭐ Core Definition: Supreme Court of Canada

The Supreme Court of Canada (SCC; French: Cour suprĂȘme du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French).

The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the Canadian Charter of Rights and Freedoms, which cannot be altered by the legislative branch unless the decision is overridden pursuant to section 33 (the "notwithstanding clause").

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👉 Supreme Court of Canada in the context of Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.

The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights, instigated by the country's movement for human rights and freedoms that emerged after World War II. As a federal statute, the Bill of Rights could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.

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Supreme Court of Canada in the context of Human rights in Canada

Human rights in Canada have come under increasing public attention and legal protection since World War II. Inspired by Canada's involvement in the creation of the Universal Declaration of Human Rights in 1948, the current legal framework for human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial.

The Supreme Court of Canada first recognized an implied bill of rights in 1938 in the decision Reference Re Alberta Statutes. However, prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Canadian Charter of Rights and Freedoms in 1982 (part of the Constitution of Canada), the laws of Canada did not provide much in the way of civil rights and was typically of limited concern to the courts. The protections which did exist focused on specific issues, rather than taking a general approach to human rights with some provincial and federal laws offering limited safeguards.

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Supreme Court of Canada in the context of Governor General of Canada

The governor general of Canada (French: gouverneure gĂ©nĂ©rale du Canada) is the federal representative of the Canadian monarch, currently King Charles III. The monarch of Canada is also sovereign and head of state of 14 other Commonwealth realms and resides in the United Kingdom. The monarch, on the advice of his or her Canadian prime minister, appoints a governor general to administer the government of Canada in the monarch's name. The commission is for an indefinite period—known as serving at His Majesty's pleasure—usually five years. Since 1959, it has also been traditional to alternate between francophone and anglophone officeholders. The 30th and current governor general is Mary Simon, who was sworn in on 26 July 2021. An Inuk leader from Nunavik, Quebec, Simon is the first Indigenous person to hold the office.

As the sovereign's representative, the governor general carries out the day-to-day constitutional and ceremonial duties of the monarch. The constitutional duties include appointing lieutenant governors, Supreme Court justices, and senators; signing orders-in-council; summoning, proroguing, and dissolving the federal parliament; granting royal assent to bills; calling elections; and signing commissions for officers of the Canadian Armed Forces. The ceremonial duties include delivering the speech from the throne at the state opening of parliament; accepting letters of credence from incoming ambassadors; and distributing honours, decorations, and medals. Per the tenets of responsible government, the governor general acts almost always (except on the matter of honours) on the advice of the prime minister.

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Supreme Court of Canada in the context of Osgoode Hall Law School

Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the Osgoode Hall Law Journal. A variety of J.D. LL.M. and Ph.D. degrees in law are available.

The law school's alumni include three Canadian prime ministers, four Attorneys General, eight premiers of Ontario, four Mayors of Toronto, eleven Justices of the Supreme Court of Canada, four of whom were Chief Justices, and one Academy Award nominee. The current dean of the law school is Trevor C.W. Farrow.

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Supreme Court of Canada in the context of Implied bill of rights

The implied bill of rights (French: déclaration des droits implicite) is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government. The significance of an implied bill of rights has decreased since the adoption of the Canadian Charter of Rights and Freedoms, an entrenched written bill of rights, but remains important for understanding the evolution of Canadian human rights law and the Constitution of Canada. In the 1938 decision of Reference Re Alberta Statutes, a concurring opinion of the Supreme Court of Canada first proposed an implied bill of rights.

The rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus, and the presumption of innocence, have their roots in a set of Canadian laws and legal precedents related to "implied rights". Although implemented in judiciary law and part of required reading in Canadian law schools, the theory was never codified either in legislation or in the constitution by the majority in the Supreme Court of Canada. Prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Charter of Rights and Freedoms in 1982, the laws of Canada did not provide much in the way of civil rights and it was typically of limited concern to the courts.

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Supreme Court of Canada in the context of Reference Re Alberta Statutes

Reference Re Alberta Statutes, also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark reference of the Supreme Court of Canada where several provincial laws, including one restricting the press, were struck down and the existence of an implied bill of rights protecting civil liberties such as a free press was first proposed.

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Supreme Court of Canada in the context of Chief Justice of Canada

The chief justice of Canada (French: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The Supreme Court Act makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices.

The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ex-officio chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a chief justice also assumes the role of Administrator of Canada and exercises the viceregal duties of the governor general upon the death, resignation or incapacitation of the governor general.

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Supreme Court of Canada in the context of Second Supreme Court of Canada building

The Second Supreme Court of Canada building sat to the west of Parliament Hill in Ottawa and was home to the Supreme Court of Canada from 1882 to 1945. The building was demolished in 1955 and the area became a parking lot and vehicle screening facility for Parliament Hill.

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