Le Quebec et la Cour Supreme

  • Pierre Patenaude


The fact that the Supreme Court Judges are named by the Federal Executive is contrary to the basic rule of federalism which imposes an impartial arbiter. When judges who have to decide on political and constitutional issues are chosen unilateral ly by one of the litigants, the presumption of impartiality is lessened. Perhaps the recent centralist decisions of the Supreme Court of Canada would have been different if the provinces would have had the possibility of nominating certain number of judges. For Quebec, the National State of French Canadians, the defense of its jurisdiction is vital question for the survival of its culture! For this province, centralist Supreme Court becomes a major danger in the evolution of the Canadian Constitution.