Canada Public Policy Essay

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It is well known that a multitude of components affect the way in which public policy is crafted and applied in Canada. Factors such as policy paradigms, the government in power, and economic incentives greatly impact how public policy affects Canadians. However, an unexpected political actor shapes Canadian law in a more extrinsic and all-encompassing way and acts as a sort of “unofficial” policy maker in government despite its role in the judicial court system: The Supreme Court of Canada. The Supreme Court of Canada is a public policy maker because it has the ability to extend the parameters of a law (to some degree), redact a law, and restrict the abilities of other Canadian policymakers. According to Heinmiller (2017), public policy …show more content…

Moreover, the commentaries of Supreme Court justices themselves further substantiate the claims of Malfredai by describing the Court's role in Canadian government. Concordantly, Supreme Justice Michael Moldaver, in an interview special facilitated by CPAC, asserts that “we [being supreme court justices] bear the responsibility of shaping and refining the law for an entire country…”(Moldaver, 2014). While Supreme Justice Clement Gascon gives a similar commentary in the same CPAC special stating “The role of the Supreme Court, as far as I'm concerned, is to stand as the leader in the country in terms of the making of the law…” (Gascon, 2014). It is evident that the court’s lack of opposition allows its operation to continue unfettered by external entities or individuals, and because of this; The Court boasts its authority with minimal opposition.

In light of the Latin phrase “Quis Custodiet Ipsos Custodes?” or: “who guards the guardians?”, a pertinent question should be posed towards the court’s relatively unchecked power, seeing that a singular parliamentary failsafe exists in order to adjudicate its actions and or existence. Section 33 of the Canadian charter of rights and freedoms describes the parliamentary

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