Topic > The Supreme Court of Canada - 2675

Canadian intergovernmental relations are complicated due to many factors, including the division of powers between the federal and provincial governments. It is widely known that the Constitution Act of 1867 established the powers and jurisdiction of the federal and provincial governments. In order for the Constitution to be upheld and respected, a national court was needed. Prime Minister Alexander Mackenzie and parliament enacted the Supreme Court Act which created a final Canadian Court of Appeal and the Supreme Court of Canada consisting of a Chief Justice and five junior justices (Iacobucci, 28). However, the number of Supreme Court judges has increased to nine, including the Chief Justice. Judges are chosen from across Canada “so that judges can bring a rich diversity of experience and understanding to the Court (Iacobucci, 32). The functions of the Supreme Court of Canada include interpreting the Constitution, including the Canadian Charter of Rights and Freedoms, judicial review, and determining the division of powers between the federal and provincial governments. The Supreme Court of Canada has played a significant role in determining the division of powers between the federal and provincial governments; therefore, he made the country of Canada what it is today. The role of the Supreme Court of Canada has changed throughout history, having varying effects on the Canadian government. The Supreme Court's interpretation of the division of powers between the federal and provincial governments has changed substantially through the Judicial Committee of the Privy Council, the Peace, Order and Good Government Clause, the incapacities of the provinces, and the Canadian Charter of Rights and of freedoms.Previous to...... middle of the document ...... introduced with new jurisdictional issues such as the environmental issue which were previously not their main concern. Furthermore, with the introduction of the Canadian Charter of Rights and Freedoms, the way the Supreme Court interprets the division of power has again changed the way the Supreme Court must take into account a new factor. Recently the role of the Court has not been as substantial as it was in the 19th and 20th centuries in determining the division of powers between the two levels of government. This is because the provinces and the federal government do not like the “winner take all” system in the courts, even though they have relatively tried to remain balanced in the decision-making process today. Overall, the evolving role of the Supreme Court of Canada in the division of powers between the federal and provincial governments has been significant in the way Canada functions today..