this post was submitted on 02 Dec 2023
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politics

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[–] [email protected] 35 points 1 year ago (2 children)

You have to have elected judges, judges appointed by a politician, or judges appointed by a non-politician (like a board of other judges). There are pros and cons to each, this is not one of the problems that the US has which are solved in the rest of the Western world.

[–] [email protected] 35 points 1 year ago (2 children)

You'll never completely eliminate all possible bias from human beings serving on a nation's highest court, but out of the things that could be done, the United States is doing exactly nothing.

[–] Archer 5 points 1 year ago (1 children)

After first trying every other option, we always do the right thing!

[–] [email protected] 4 points 1 year ago (1 children)
[–] Archer 10 points 1 year ago (1 children)

We’re still on that first bit

[–] [email protected] 3 points 1 year ago

Haha this got me good, and with a mouthful of coffee to boot

[–] [email protected] 5 points 1 year ago

less than that, actually.

[–] [email protected] 11 points 1 year ago (1 children)

Well, looking at how partisan the supreme Court is it clearly is a problem in the USA that doesn't seem to affect its northern neighbor...

[–] [email protected] 5 points 1 year ago (1 children)

Judges on the Canadian Supreme Court are similarly appointed by the executive (they just have a Prime Minister instead of a President) so that isn't the problem.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (2 children)

You're missing the point, Canadian judges don't have to tell which party they support so there's no expectation from them and it's much harder to make a call before the case begins what the judges' opinion will be even if they've been put in place by a specific party.

[–] [email protected] 3 points 1 year ago

American Supreme Court justices don't have to tell which party they support either.

[–] aidan -4 points 1 year ago (1 children)

yes because they bend to the whim of the executive/legislature

[–] [email protected] 3 points 1 year ago (1 children)

Not really, it happens pretty often that the supreme court rules against what would be the wish of the government and it's pretty sad that a Canadian would believe otherwise.

[–] aidan 0 points 1 year ago (1 children)

supreme court rules against what would be the wish of the government

Can you site an example of that? I mean where the supreme court rules that the legislature can't do something that it tried to do. Not just the executive excercising power it doesn't have. From my understanding, in the Canadian system the legislature effectively has absolute power as it is the directly elected body and meant to represent the will of the people.

[–] [email protected] -1 points 1 year ago* (last edited 1 year ago)

How about one from just a month and a half ago?

https://www.cbc.ca/news/canada/calgary/bakx-scoc-ruling-1.6995962

And their multiple rulings on minimum sentences and sentences adding up (like in the USA) and so on...