Jamie and I had, in the not-too-distant past, a disagreement over whether or not the Supreme Court of Canada (in its contemporary form) is an ally of justice when it comes to aboriginal people in Canada. Indeed, based on Monday’s post, it would be hard to make the case that Canada’s court systems are anything other than the most hypocritical arms of a white supremacist system, garbed as they are in the clothing (both figurative and literal) of justice. Any court that doesn’t recognize Canada’s current system of legislated inequality and discrimination when it comes to aboriginal sovereignty and the recognition of Treaty rights cannot really lay much claim to the title of ‘Supreme’.
That being said, I understand (perhaps better than Jamie, perhaps only differently from him) the Constitutional limitations of the court. It is the duty of Parliament, and not the courts, to create legislation, and most judges are quite loath to overturn the will of the elected government* unless there is an extremely compelling reason to do so – i.e., the law violates the Charter rights of Canadians. Judges are also bound to interpret the law according to the way it was interpreted by previous courts, making it a dispositionally conservative entity.
All that being said, as I pointed out before, the Court has made some recent decisions that I support. Decisions that I believe reflect a progressive sense of justice, and a decision-making process that prioritizes harm reduction over tradition, and attempts to balance maximum freedom with the greater good. Of course if I’m happy, that means that there are a lot of people on the political right who probably hate every single Justice, but that’s rather beside the point.
What was the point again? Oh right… Canada’s courts aren’t completely awful: … Continue Reading
