COMPARATIVE CONSTITUTIONAL LAW

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COMPARATIVE CONSTITUTIONAL LAW

• Class 3
• August 25, 2008
• The Supreme Court of Canada

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Supreme Court of Canada

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COMPARE AND CONTRAST

• U.S. Supreme Court and Supreme Court of Canada
• Jurisdiction, judiciary, leave to appeal, number
  of cases heard,

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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

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JUSTICES OF THE SUPREME COURT OF CANADA
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The Hon. Beverley McLachlin, P.C.

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

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The Honourable Mr. Justice Michel Bastarache

• New Brunswick 1997 (Jean Chretien)

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The Honourable Mr. Justice William Ian Corneil
Binnie

• Ontario 1998 (Jean Chretien)

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The Honourable Mr. Justice Louis LaBel

• Quebec 2000 (Jean Chretien)

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The Honourable Madam Justice Marie Deschamps

• Quebec 2002 (Jean Chretien)

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The Honourable Mr. Justice Morris J. Fish

• Quebec 2003 (Jean Chretien)

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The Honourable Madam Justice Rosalie Silberman
Abella.

• Ontario 2004 (Paul Martin)

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The Honourable Madam Justice Louise Charron

• Ontario 2004 (Paul Martin)

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The Honourable Mr Justice Marshall Rothstein

• Manitoba 2006 (Stephen Harper)

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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?

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The Honourable Madam Justice Louise Arbour

• (Ontario) 1999-2004
• Currently U.N. High Commissioner for Human Rights
  (2004- 2008 replaced by South Africas
  Navinethem Pillay)

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GEOGRAPHIC RESTRICTIONS

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

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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?

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COMPARE JUDICIAL APPOINTMENTS

• To the Supreme Court in the U.S. and in Canada
• To the left is Justice Marshall Rothstein

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Compare Judicial Review

• In the United States and Canada
• Is there abstract judicial review in Canada?

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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

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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

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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

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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.