POLI 221 Chapter Notes - Chapter 11/02: Judicial Activism, Judicial Restraint, Canada Act 1982
16 Dec 2015
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Can is federalist, but quasi-federalist, since provs r subordinate, espc early on. In some ways, this comes from colonialism--can subordinate to gb. Natl govt had powers of disallowance, withholding assent, reservation, judicial appts to prov court. As time goes on, can federalism has b/come more tru/decentralized. Disallowance never used anymore by convention, even when used has largely been done poorly by incompetent lt govs or used for frivolous reasons. Could eventually b bartered away for const change. Prov courts r superior, but judges there r natl-appts. This is signif bc judges interpret const. Also need to remember that french and anglo judges can interpret const v diff. But appting judges based on this sets slippery precedent. Sup court of can hav always been unbiased tho. Bna would seem to designate certain powers for the provs, leave the rest for natl. But then goes on to name 29 (now 31) specific natl powers.
