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Hi, need to submit a 2000 words essay on the topic Critically examining Stephen Harpers series of reforms his conservative federal government has introduced to the appointment processes for Section 96 and Supreme Court judges.
Among the promising aspects that gave Stephen Harper’s conservative party an edge over their rivals refers to the democratic appointment processes for section 96 and Supreme Court judges1. The researcher therefore examines to what extent the conservative government have effected these changes. Consequently, the paper cross-examines the most significant change and a judgement provided regarding beneficial aspects of those reforms.
The judiciary in Canada holds the role of serving as an impartial arbiter. There stands a legal requirement for the judicial system to maintain independence to enhance quality justice among the Canadians. Although the judiciary is termed as equal to the legislature and executive arms of government, appointment, removal, as well as remuneration of judges, relies upon other branches. The role of office of the Supreme Court, as well as the federal court judges, falls under section 96 of the Constitution Act. The section is at times called section 96 judges. The judges sit in the provincial Supreme Court and court of appeal or in other equivalent courts. Provincial and municipal governments appoint provincial lower court judges among others2. The provincially appointed judges’ deals with matters related to provincial legislation and federal legislation. The constitution act, as well as the federal judges act, explains the basis of removal of magistrates, retirement and remuneration. Such provisions follow in various provincial enactments although some may vary from province to province.
Steven Harper and his conservative party have brought a lot of changes to the appointment processes that have by far changed the initial process. The judicial system has for long experienced many excellent appointments in both the provincial as well as territorial superior courts. The Canadian courts for long have gained respect locally and internationally. The house of commons provides a Standing Committee that oversees the justice and human rights that