Pickin and Its Applicability to Canada

Abstract

Canadian judicial respect for the legislature's supremacy over the courts has pervaded the interpretation of statutes and the elaboration of our common law. Because of this fact it is important that we understand the nature and limits of judicial review of legislation. One significant issue in this regard is the extent to which the courts may examine the legislative process leading up to the enactment of a bill. This issue came before the House of Lords in the decision of British Railways Board v Pickin. The author traces the elements of the doctrine of legislative supremacy to the doctrines of the conclusiveness of statutes and the legislature’s inherent right to control its internal proceedings. The Paper examines whether such doctrines are applicable to Canada.