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Mechanism of the Apex Court of Canada

By Hon’ble Justice Jitendra N. Bhatt

Published In

Air 1998

It is emphatically the province and duty of the judiciary, what the law is. Obviously, the Apex Court is the ast word on the meaning and interpretation of law. Manifestly, therefore, the role and contribution of the Apex Court in evolution of case law and management of Courts is yeoman and outstanding. Let us have a glim if not glint of such an Apex Court of Democratic State of Canada. The Supreme Court of Canada came to be established in 1875 by an Act of Parliament, eight years after its confederation. As such it is not mentioned in the Constitution Act, 1867. but authority to establish such a final Court with wide national jurisdiction is enshrined in S. 101 of that Act which provides that Parliament may by passing lavs provide for "the Constitution, maintenance and organisation of a general Court of appeal for Canda." The important characteristic and vital feature of legal set up in Canada was that despite of creation of Sup reme Court, cases brought be ....

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