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The judiciary

  Photo - Supreme Court of Canada

Supreme Court of Canada
Photo: Loui Massicotte

The judiciary is independent of elected authorities. This principle of judicial independence has existed for more than 300 years. Indeed, Canada's Constitution specifies the powers of the judicial system and their limits. The Supreme Court of Canada is the judicial body that delimits the powers of the central government and of the provinces. The Canadian Charter of Rights and Freedoms greatly influences the judgments of the Supreme Court and all other courts.

Judges have the power to determine whether laws have been broken or whether they are unconstitutional—that is, whether they are contrary to the Charter or fall outside the jurisdiction of Parliament or of the provincial legislatures. When the government does not agree with a judge's decision, it cannot intervene. Only the House of Commons and the Senate together can dismiss a judge.

 

 
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  Date published: 2003-05-26 Important Notices
  Date modified: 2003-05-26
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