Topic > The quasi-legislative effect of the Supreme Court of Canada...

The quasi-legislative effect of the Supreme Court of CanadaDaniele Zerbo30011902025 March 2014INTRODUCTIONThe 1982 Charter of Rights and Freedoms symbolized a new era for Canada. Championed by Pierre Elliot Trudeau, the Charter strengthened the fundamental rights and freedoms of Canadian society and allowed those rights to be enforced by any individual if they were violated. The entry into force of the Charter of Rights and Freedoms illustrates a further change from the traditional Westminster style of government and has created a new political atmosphere. The notion of parliamentary supremacy has shifted to accommodate constitutional supremacy, where two institutions must work together to balance the will of elected officials and the language of the Charter. Constitutions, the most basic political institutions, have the power to influence politics, defining the rules of the political sphere. While Parliament remains supreme, the Charter of Rights and Freedoms has given the judiciary the ability to interpret it broadly and resolve major public policy issues, something the 1960 Bill of Rights could never achieve. The Charter is in force, as the judiciary has quasi-legislative authority. The Quasi-LegislatorThis article will argue that the Supreme Court of Canada has adopted a quasi-legislative approach in its decision-making following the Charter of Rights and Freedoms, 1982. Quasi-legislative is defined as having partially legislative character by possessing the right to issue rules and regulations having the force of law (Merriam-Webster). In this article, it is useful to define quasi-legislative as the ability of the court to influence policy, whether innocent or motivated, through the enf charter... at the heart of the charter... of the judiciary as one separate from the government, with a non-political guise whose purpose is not to question government acts, but rather to be the mediator when disputes arise (McLachlin, 2009). Clearly, McLachlin captures the essence of what the judiciary is all about. The Supreme Court of Canada is one of the most visible and trusted political institutions, which has shaped the country's political arena. In practice, the Supreme Court of Canada has a quasi-legislative effect on public policy. Conclusion This article has argued that the Supreme Court of Canada has adopted a quasi-legislative role in decision-making as a result of the Charter of Rights and Freedoms, 1982. The broad and liberal interpretation of the Charter's language, for better or worse, has and will continue to influence Canadian politics and the formulation and adoption of public policies.