Analysis of the Organizational and Administrative Role of the Chief Justice of the Supreme Court of Canada
The presence of courts in all the regions of the society is an aspect whose function in the society goes without saying. The different levels of the society, coupled with the changing needs in the dynamic world have also caused the existence of variant types of courts all through the globe. Supreme courts, the highest within the hierarchy of the diverse legal jurisdictions constitute of such entities. Canada, like many countries of the world also has a supreme court. The establishment which is headed by the chief justice of the land provides avenue for the maintenance of justice among other requirements as stipulated in the constitution of the nation. The significance of the chief justice of the Supreme Court, as associated with his/her roles also cannot go unnoticed. The roles which come in both organizational and administrative forms are played by all the sitting chief justices, the present one included.
The Supreme Court in Canada
This is the summit of the Canadian judicial structure and above it there exists no other form of legal appeal (McCormick 74). The Supreme Court in this nation constitutes of nine judges, charged with the responsibility of passing judgments at the highest level ink the land. The decisions made by these judges represent obligatory standards not only for the rest of the judges but also for the other courts. The chief justice of Canada heads the Supreme Court which is known to give go-ahead to litigants numbering between forty and 75 on a yearly basis. These litigants associate with cases and decisions that are initially handled at the federal, provincial and territorial courts.
The commencement of this Supreme Court occurred in the year 1875 after which it remained conservative and reserved till the year 1949. The period between 1949 and 1982 marked the second era of the Supreme Court of Canada. This period is associated with the abolition of appeal to the Privy Council. The final era which operates to the present times comprised of the process where the court gradually became legitimized and liberalized ((McCormick 74- 100).
The Chief Justice and his/her roles in the Supreme Court in Canada
In Canada, the chief justice is appointed by the Governor in Council, just like it is the case for the other eight judges who operate within the Supreme Court. However, it is the cabinet which provides guidance over such appointments. The queens privy council of Canada is responsible for the swearing in of the chief justice into office before he/she takes the oath of office. The duties handled by the chief justice in this nation are widespread. These range from those associated with the judicial council and the position of the assistant viceroy among other roles. These duties can, among other categories, be classified as either administrative or organizational in nature.
The chief justice of the court chairs all the meetings that are held within the Supreme Court provided that he/ she are present in those gatherings. In addition, he/she holds the responsibility of choosing the panels of justice charged with hearing cases in the Canadian Supreme Court. The most common sittings that the Canadian chief justice chairs are called, the Canadian Judicial Council. This council comprises of all the associate chief justices and the chief justices within the nation and who operate within superior courts in the region. This is an organization established by the Judges Act and brings together the discussion of subjects of disquiet to the judiciary. Additionally, the council helps organize seminars for the judges who are appointed by the federal government. The Canadian Judicial Council also facilitates the carrying out of inquiries into the demeanour and performance of the government appointed judges. These inquiries may come in different form. For instance they may be grievances from the public. In some instances, these inquiries emanate from the requests made at the provincial or federal levels either from the attorney general or minister of justice respectively.
The chief justice can also take up the roles of administration with regards to the matters relating to position of the governor general. In cases where the governor of Canada passes on, travels out of the nation for a considerably long period of time or becomes laid up, it is the chief justice that is required to act on his/her behalf. The chief justice, in this capacity therefore is considered as the main administrator of issues relating to the management of the entire nation. The chief justice is therefore the assistant viceroy in Canada. These instructions are provided for in the letter patent of 1947 and have allowed chief justices to take up such powers in the past. The fact that it is the chief justice and the eight judges of the Supreme Court who are considered deputies to the governor has made the application of this law practical. Among the duties which these entities can take up with regards to being the assistant viceroys include signing official papers, handling the testimonial of the newly selected ambassadors and high commissioners, and granting the royal acquiesce to bills approved by parliament among other roles (Macfarlane 160-162).
The official also has the role of managing the activities of the supreme court of the land. The chief justice of the Canadian Supreme Court has the responsibility of overseeing the proper functioning of all the staff members within the Supreme Court. In Canada, the court presently has staff members numbering more than 150. All these are considered part of the Canadian federal government public service.
The chief justice also constitutes part of the Order of Canada, which is the advisory body of Canada’s most supreme civilian order. Conversely, in the practical sense, the chief justice is not allowed to participating in the voting processes which associate with the elimination of participants from the Order of Canada. The logic behind this restriction constitutes the fact that the ‘removal from the order’ process has so far no more than a few times been applied to persons found guilty in a subordinate court of a criminal transgression. Such processes are believed to have the capacity of creating conflict of interest on the part of the chief justice. This would happen in instances where an individual’s, being voted over, has made an appeal of their conviction to the Canadian Supreme Court.
The chief justice of the Supreme Court can also serve as the in charge in the appointment of the commissioners or chairpersons of the provinces responsible for managing the provinces’ federal riding. This role is stipulated in the Electoral Boundary Readjustment Act. Of the chosen individuals, the chief justice commissions three to manage each province’s affair. However, this role is basically bestowed upon the provincial chief justice and is only passed on to the chief justice of the Supreme Court in the absence of their provincial counterparts.
Finally, the chief justice of the supreme courts has the responsibility of chairing the meetings held by the national judicial institute Board of Governors in Canada. This organization serves as the channel for the delivering an assortment of educative structures for all the provincial, territorial and federal judges in Canada.
The Current Chief Justice
Presently, the chief justice of other supreme court of Canada is the Right Honourable, Berveley McLachlin. McLachin became the first and the only woman to have held the position in Canada and entered office in the year 2000. The chief justice, in her capacity as the head of the most superior court in the nation has clearly played her roles as stipulated in the requirements of the constitution of the nation. Among the responsibilities that the current chief justice has undertaken since she was sworn in to the position include, taking up the administrative roles of the nation following the hospitalization of the governor. Among the roles that she undertook during this period include granting royal assent in favour of the same sex marriage in the Civil Marriage Act.
Furthermore, Beverley McLachin chairs the Board of Governors of the country’s National Judicial Institute. Other bodies that the chief justice chairs in her present position include the Canadian Judicial Council and the Order of Canada’s Advisory Council. Moreover, McLachin has also been considered as controversial with regards to some of the judgment made under her leadership. Such cases related to the R,v, Seaboyer case where she undermined the rape shield law. Another controversy associated with her relates to her forceful attempt in putting additional consensus in court rulings.
Conclusion
According to this discussion, the Supreme Court in Canada is the highest court in the land, just like it is in other nations of the world. The court is headed by the chief justice of the court who manages the affairs of the court with eight other judges. The chief justice has a number of administrative and organizational roles associated with his/her office. These roles include; chairing all the meetings that are held within the Supreme Court provided that he/ she are present, choosing the panels of justice charged with hearing cases in the Canadian Supreme Court, Heading the Canadian Judicial Council, acting as the assistant viceroy and managing the activities of the supreme court of the land. Besides these, the chief justice also participates in the Order of Canada, appoints provincial managers of federal riding and chairs the meetings held by the national judicial institute Board of Governors in Canada. Berveley McLachlin, the current chief justice has takes up these roles as is required in her position. Part of what she has done include taking the administration role of the nation in the absence of the governor, and heading the entity’s she is meant to head. These entities include the national judicial council and the board of governors of the national judicial institute among other bodies.
Works Cited
Canada, Supreme C. The Supreme Court of Canada and Its Justices: La Cour Supríme Du Canada Et Ses Juges. Toronto: Dundurn, 2000.
McCormick, Peter. Canada’s Courts. Toronto: Lorimer, 1994. Print.
Macfarlane, Emmett, governing from the bench: the supreme court of Canada and the judicialrole: Canada: UBC Press, 2013
