The Challenge of Diversity in a Multinational Federation: the Impact of the Judiciary on Pluralism in Canada

Political rhetoric aside, has Canada, 150 years after its foundation, achieved its goal of preserving pluralism? How is pluralism defined within the Canadian framework? What was the judiciary’s contribution to that effect? In other words, how have Canadian courts dealt with pluralism throughout the years? Have they been successful in tackling such a challenge? This paper begins with a brief description of the organization of the Canadian judicial system, namely the hierarchy of the courts, the nomination and compensation of judges, and the guarantees of judicial independence. After that, the paper discusses the evolution of pluralism within the Canadian Courts, from three different viewpoints: a) the separation of powers; b) the institutions, like Senate reform, Supreme Court composition, and Quebec secession; and c) the Canadian Charter of Rights and Freedoms and other parts of the Constitution Act, 1982, where a special focus will be given to language and Aboriginal rights.