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Prostitution In Canada

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The Supreme Court of Canada is the highest court in the country and decides on many key issues such as criminal law, civil law, federalism, and individual rights and freedoms. The Supreme Court of Canada was established by an Act of the National Parliament in 1875 and it consists of nine judges who are appointed by the Governor General on the advice of the prime minister and cabinet (Malcomson & Myers, 1996). It is almost mandatory that the court has regional representation and meets certain requirements such as having at minimum three judges who are familiar with Quebec’s civil law system, at least one judge who is from the area of Atlantic Canada, and a minimum of two judges that are from the west (Malcomson & Myers, 1996, p.150). These judges …show more content…
Regarding the topic of same-sex marriage, in 2005 section 33 was going to be used to prevent same sex marriages from being legalized. Stephen Harper, the head of state, recognized these violations and decided to go against this tool (Malcomson & Myers, 1996). Even now with the new prostitution debate, the conservative government will be reluctant to use the notwithstanding clause and the reason being because of the abortion issue (Herbert, 2014). The notwithstanding clause has ruined the stability of the Charter of Rights and Freedom and Parliament enables this tool when they think the Supreme Court’s decision is wrong and they use this tool to their final advantage. However, it is unlikely that there will be more usage of this tool due to the various controversies regarding it. Parliament should not use this tool frequently and should respect the Supreme Court’s interpretations of the constitution due to many factors. Parliament’s role is not to interpret and enforce laws but rather to stay within their limits and let the Supreme Court benefit our society as they are doing currently. The Supreme Court of Canada is making drastic changes for our society’s benefit at a fast pace, while Parliament stalls various different procedures and slows down the court’s final decisions by getting too involved. …show more content…
It is mandatory for the constitution to require interpretation regarding key controversial topics that Canadians in our society face every day. The Supreme Court is a separate body and are experts in interpreting laws and should not feel any pressure from Parliament what so ever. Although key figures in Parliament are adequately representing all Canadians, they are not as knowledgeable and should stop criticizing and challenging the judiciary. Politicians in Parliament are constantly being re-elected and moving parties and can often make biased decisions due to their party ideologies. They should not be the ones to decide if the laws are just. Parliament must either live with the results the Courts make, amend the law so it complies or obtain an amendment to the constitution. The Supreme Court has always been striking down several laws and often enough gives Parliament the choice of what they want to do in a certain frame of time or else The Supreme Court makes the final decision. This process is much more beneficial to the economy, as well as having the capacity to do so and not wasting time in general. The Supreme Court is the best example of judicial power and their interpretive function is their key to making final democratic

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