Runnymede Radio Morton: The Politicization of the Courts
Jun 23, 2025
Ted Morton, an Executive Fellow at the School of Public Policy and Professor Emeritus in Political Science at the University of Calgary, dives into the politicization of Canadian courts. He discusses the impact of U.S. judicial activism on Canadian perceptions and explores the evolving constitutional paradigms over fifty years. Morton highlights the tension between judicial power and societal values, critiques unaccountable governance, and addresses the influence of judicial review on provincial rights and rights advocacy groups.
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Morton's Canadian Constitutional Journey
- Ted Morton arrived in Canada in 1973 knowing little about Canadian law and its constitutional traditions.
- Studying at University of Toronto revealed the deep British-Canadian constitutional roots and differences from U.S. law.
Changing Views on Constitution
- The historic constitution aims to limit government power to protect civil society and freedoms.
- Today's view sees inherited traditions as unjust and courts as rescuers, promoting equity over equality.
1970s Supreme Court Restraint
- In the 1970s, the Supreme Court of Canada was seen as restrained and avoided interference in legislation.
- It contrasted sharply with the more activist U.S. Supreme Court of the same era.