Balancing Power: The Supreme Court of Canada’s Impartial Role in Federalism

Abstract

The problem with Lord Acton’s state-ment is that it leaves out the third essential ingredient to a federal system of government: a supreme court. In Canada, like most federa-tions, the Supreme Court (SC) is responsible for articulating the constitution and serving as an independent mediator in intergovernmen-tal relations. Each decision made by the SC in regards to government jurisdiction changes the dynamics of Canadian federalism, and some critics fear it can be used as a centraliz-ing device by the federal government. This paper will discuss the nature of the SC by demonstrating its necessity, purpose, and the importance of its independence by examining its crucial role in Canadian federalism. Next, there will be a historical breakdown of the impact of2 the SC on the federal balance of powers through an examination of three es-sential eras: Judicial Committee of the Privy Council (decentralizing), Laskin (centralizing), and Charter (mixed), with analysis involving the attitudinal and legal theorist models of decision making in SC decisions. Finally, the SC’s impartiality towards provincial and feder-al preferences will be evaluated to show that justices have remained immune to direct po-litical pressures [...]