Wednesday, October 28, 2009

ESSAY: The Supreme Court of Canada- Ancestor of the Modern Appellate Court

Hello Canada,

I am happy to introduce a new media form to the BCP Media Centre- ESSAYS.  Starting today I will be periodically posting essays on this site, as well as the BCP blog, on topics relating to business, church and politics.  First I will publish essays that I wrote during my university studies and will eventually write and publish brand new essays.  The first one will be simple and they will become increasingly complex over time.  Many people focus on writing books, but essays are a forgotten media form that force authors to write at a higher level.

The first essay is entitled "The Supreme Court of Canada: Ancestor of the Modern Appellate Court"  which I wrote back in March 2005.  You will find the abstract below.  Enjoy!

Kevin Bourne
Entrepreneur. Minister. Administrator.

www.businesschurchpolitics.ca




(Click on the image above to view or download this essay)


The Supreme Court of Canada
Ancestor of the Modern Appellate Court

Abstract
With many colonies breaking away from the English Empire to become independent nation states, it was only a matter of time before they established their own systems with which to govern themselves, including the appellate court system. Canada established the Supreme Court of Canada in 1875 and broke away from the Judicial Committee of the Privy Council (JCPC) in 1949 making the Supreme Court of Canada the final appellate court in the land. Other colonies would eventually follow suit, including the Caribbean colonies, with the development of the Caribbean Court of Justice (CCJ). How did the development of the Supreme Court of Canada influence other colonies in breaking ties with the Judicial Committee of the Privy Council and establishing their own national appellate courts? Providing a historical overview of the Supreme Court of Canada and its relationship with the JCPC, we will seek to establish that the development of Supreme Court of Canada, from 1875-1949, and its separation from the JCPC, is a template for the development of present day judiciaries, specifically appellate courts. We will look at how the Caribbean Court of Justice is following in a similar path to Canada in developing its Court; similar controversy, lack of support from citizens, and organizational structure.

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