Quebec Justices as Quebec Representatives: National Minority Representation and the Supreme Court of Canada’s Federalism Jurisprudence

Robert Schertzer

Publius: The Journal of Federalism, 2016, vol. 46, issue 4, 539-567

Abstract: This article investigates representative dynamics on the Supreme Court of Canada (SCC), with a particular focus on Quebec and federalism. There are two objectives: (1) describing the principal ways that SCC justices can be framed as representatives for Quebec; and, (2) investigating whether justices subscribe to any particular representative role. The analysis focuses on four factors that shape the perception of SCC justices as representatives for Quebec: the competing normative positions related to the nature of the Canadian federation and the ideal judicial role in a liberal democracy, along with the institutional features of the Court related to the appointment process and bijuralism. Through a review of public statements by justices and key decisions that are critically important to Quebec’s place in the federation, the article argues that among SCC justices from Quebec there are different understandings of what it means to act as a representative.

Date: 2016
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