Executive Branch and Indigenous Rights in Canada

Q2
Answer: The federal and the provincial government as well as the territorial government are all
concerned with the Canada judicial system. The central government has the power of appointing
and paying the judges of the superior, or the higher level courts in the jurisdictions. The
Parliament also has the authority to create a general Court of Appeals as well as the other courts.
Similarly, the Supreme Court of Canada as well as the Federal Court and Federal Court of
Appeal, along with the Tax Court were authorized by the Parliament. Similarly, exclusive
authority is available to the Parliament regarding the procedure that has to be followed by the
courts while trying criminal cases (McCormick, 2000). The federal authority for criminal law
and procedure makes sure that the criminal behavior receives fair and consistent treatment
throughout the country. On the other hand, justice is administered by the provinces in their
jurisdictions. This includes the organizing and maintaining civil and criminal provincial courts in
addition to the civil procedure in the court of law. In this context, Judiciary can be described
jointly as all the judges working in courts. This branch of the government has been provided with
the judicial power. Hence this branch is independent from the executive and the legislative
branch. The adjudicators are public officers who have been appointed for presiding over the
court of justice, for interpreting and applying the legislations of Canada. It has been mentioned in
the Constitution Act, 1867 regarding the founding and process of the specialized Judiciary of
Canada. Exclusive lawmaking power has been given to the federal government regarding
criminal law and procedure, nonetheless not regarding the formation of criminal courts.
Similarly, it provides select legislative authority to the provinces regarding the judicial
administration in provinces.

The judges of the Supreme Court along with the Federal Court of Appeal, the Federal Court and
the Federal Tax Court are appointed by the central government. The Supreme Court of Canada is
the highest court of appeal concerning all that matters (Ostberg, 2007).
Exclusive lawmaking authority is available to the federal government regarding criminal law and
criminal procedure, but not for establishing criminal courts. In the same way, it provides
lawmaking authority to the provinces regarding the administration of justice in the provinces
The Supreme Court was not established until nearly a decade after Confederation. There was a
provision in British North America Act, 1867 which require the Parliament to establish a General
Court of Appeal. But there was a sharp debate regarding the idea among the politicians in
Canada. Attempts were made by the Conservative government of John A. Macdonald in 1869
and 1874 establishing a general court of appeal, but they were opposed by a number of Liberal,
as well as Conservative members of Parliament. Many members apprehended that the new court
may result in infringing the rights of the provinces.
According to many, it was believed that the impartiality of the court will be compromised by and
the fact that McDonald's government will appoint judges who were in favor of strong federal
rights. Finally in April 1875, the Liberal government headed by Alexander Mackenzie persuaded
the parliament to pass bill for the establishment of the Supreme Court hasn't argued that it was
required for the purpose of standardizing the law in Canada and for providing constitutional
interpretation regarding the issues that may have an impact on the evolution of new federation
(Songer, 2008).
However after its creation, and appeal can be brought for the decisions given by the Supreme
Court for final interpretation to the Judicial Committee of Privy Council in Britain. The essay of
the Supreme Court can be divided into three segments. The first era was when the court had to

deal with significant constitutional basis related with the issue of the division of powers between
Ottawa and the provinces. In case of a number of rulings, appeals were made to London where
an attempt was made by the Privy Council judicial committee for establishing a balance between
federal and provincial legislative responsibilities. But it may still be noted that the work of the
Judiciary Committee was complicated. As a result of his inexperience in dealing with the issues
related with federal state like Canada instead of a unitary state like Britain. The critics argue that
the judgments of the Judiciary Committee were in favor of the provinces and amounted to legal
sleight of hand. The Supreme Court also tended to interpret the provisions of British North
America Act in a literal way, while the Judiciary Committee generally also took into view the
socio-political considerations.
The Governor General in Council appoints the Justices of the Supreme Court. Under this
process, the governor general, who is the viceregal symbol of the Queen, makes these selections
on the basis of the advice given by Queen's Privy Council. According to the custom and treaty,
only the Cabinet, advises the governor general and generally this guidance is articulated finished
a discussion with the PM. In this way the provinces and the Parliament does not have official
part in these selections.