Mighty Judgment: How the Supreme Court of Canada Runs Your Life

by Philip Slayton

In Mighty Judgment , bestselling author Philip Slayton describes the surprising and dramatic ways in which the Supreme Court of Canada affects individual Canadians and shapes the country’s future. Whether they are striking down Canada’s abortion laws as unconstitutional, deciding that gays and lesbians can legally marry, or outlining the conditions under which Quebec could separate from Canada, the nine men and women who make up the court are powerful—and unelected—leaders. Their reach extends from the seemingly mundane—yes, the police can rifle through your garbage—to the highly political.  Mighty Judgment makes clear that the Supreme Court of Canada is a political institution and that judges are politicians. But unlike other politicians, judges cannot be voted out of office. Slayton  argues that reform is needed, particularly in the way judges are chosen, precisely because of the court’s pivotal role. Erudite and entertaining, Mighty Judgment is a revealing portrait of a little-known institution. The paperback is updated with an epilogue that discusses important recent cases, the new judges appointed to the court, and the way in which they were appointed.

Genres: Law

340 pages

First published April 1, 2011

About the author

Philip Slayton studied law at Oxford University as a Rhodes Scholar, and then clerked at the Supreme Court of Canada. In the first chapter of his legal career he was a law professor and dean of law at Western University.

Philip then went into legal practice with a major Canadian law firm in Toronto, and worked on many of the biggest corporate and commercial transactions of the time. After seventeen years, he retired from the practice of law in 2000.

Upon leaving Big Law, Philip Slayton wrote the best-selling book Lawyers Gone Bad: Money, Sex and Madness in Canada’s Legal Profession. Philip and his book were the subjects of a Maclean’s magazine cover story with the controversial headline “Lawyers are Rats.” The Toronto Star labelled Slayton “Public Enemy #1.”

His second book was Mighty Judgment: How the Supreme Court of Canada Runs Your Life, and third was Mayors Gone Bad. His next book, The Future of Tennis, will be published in the summer of 2018.

Slayton is a regular contributor on law-related topics to Canadian magazines and newspapers, and is an occasional commentator on television and radio. He was the past president of PEN Canada.

Reviews

[Ali D · Rating 5 out of 5]

This was a great summary of the function and inner workings of the Supreme Court of Canada. I found this book to be a wonderful resource of expanding what I already knew about the Supreme Court. I also loved reading some of the big decisions made.

I agree with author that this system isn’t perfect and I really appreciated that he made sure we had a clear view of all sides.

This was touched on a number of times in the book, but I don’t think that being bilingual should be a prerequisite! When he asks the question of whether or not certain crucial elements of a case and arguments are lost in translation, I think that is a risk even with a judge who is bilingual. There’s always going to be a dominant language and there’s no guarantee that the judge is going to be able to translate every piece effectively. Just because someone is bilingual does not mean they can speak, listen and interpret everything as they are required to.

I also like how he explored the question of representation. Geographical representation on our highest court is troubling for me. I understand the approach that was taken but I do agree that this needs to be reviewed. Although Ontario and Quebec are large provinces, I don’t think that means that 6 of 9 seats should be filled by judges from those provinces.

Having one seat for all the prairie provinces somehow doesn’t feel right either....

I think the territories often get the short end of the stick and this is another example. The more diverse backgrounds we can have on that bench, the better and (hopefully) more well rounded judgments can be made to accurately reflect the views of Canada.

Obviously this is more easier said than done, and I certainly don’t have all the answers, but the hope is that the experts can figure out a way! I also agree that it shouldn’t be the PMs pick for empty seats...I liked learning about how other countries pick their judges and I hope Canada can employ some of those strategies.

All in all I really enjoyed this book! Definitely not a book to recommend to my friends, though....lol

[Rick · Rating 4 out of 5]

This book takes a very complicated subject matter and makes it understandable. An excellent book on the Supreme Court Canada, well written. Brings the court to life, and brings out the humanity of the judges and the heavy burden imposed on them. You may not agree with some of Philip Slayton's ideas but the book will make you think. A must read for anybody who follows the Charter of Rights, constitutional law, justice, civil liberties.

[Beverley · Rating 5 out of 5]

This is a lucid and entertaining inside look at that most mysterious institution, The Supreme Court of Canada. A must for every lawyer, aspiring lawyer and citizen.

[l · Rating 1 out of 5]

Truly awful. Such a pompous and meaningless book, damn.