Justin Trudeau is leaving his stamp on the Supreme Court of Canada

• With the recent resignation of Supreme Court Justice Russell Brown, Prime Minister Justin Trudeau will appoint his sixth Supreme Court judge.
• Canada’s Supreme Court is not as politicized as that of the United States.
• Cases reach the Supreme Court because the laws passed or decisions made by politicians cannot account for every possible eventuality.

Cementing his legacy

• Trudeau has been granted an unexpected opportunity to cement his legacy.
• Supreme Court justices serve until age 75, when they must retire.
• Brown, from Alberta, filled one of two seats on the court historically allocated to justices from western and northern territories and provinces.

Selection process begins

• Trudeau has opened the process to select the next Supreme Court justice.
• Trudeau is not obliged to select a name from the list, but he’s previously always drawn from it.
• Trudeau could make history by naming a woman, which would create, for the first time, a Supreme Court with more women than men.

The Charter’s influence

• The enactment of the Canadian Charter of Rights and Freedoms in 1982 dramatically increased the role of the Supreme Court.
• That’s because the Charter outlines the rights and freedoms of Canadians in general terms, but then goes on to note these are not absolute.
• After 1982, the Supreme Court often had to determine which laws were consistent with the Charter and to clarify central aspects of the Charter.