Judicial Activism in the Supreme Court of Canada

This chapter begins with an examination of the political dimensions of Canada's debate about judicial activism, focusing on the criticisms of judicial activism that have come from both the conservative right and the progressive left. Judicial activism is discussed against the backdrop of various subject matters including criminal justice, national security, gay rights, Aboriginal and treaty rights, and various aspects of political, social, and economic policy. Such an approach facilitates a contextual discussion of judicial activism that includes the role of the courts not only in constitutional adjudication, but also with respect to statutory interpretation and the development of the common law.