The judiciary
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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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