Description:
Traditionally, Canadian commentary on the Judicial Committee has focusedon the effect or impact of the imperial tribunal's decisions on thenature of Canadian federalism. Numerous studies have examined the issueof whether or not the Judicial Committee strengthened the powers ofprovincial governments at the expense of the federal government bymisinterpreting the Constitution Act, 1867 and by ignoring theintentions of the fathers of Confederation who sought to create a strongcentralized government. The Canadian preoccupation with the merits ofthis debate has led one distinguished political scientist, David E.Smith, to suggest that “perhaps too much” has been written about theJudicial Committee. The literature examining the relationshipbetween the Judicial Committee and Canada has not, however, addressedthe significance of the imperial context in which the tribunal'sdecisions were written. The Judicial Committee was not only the finalappellate body for Canada but was also responsible for hearingdisputes from other parts of the Empire. Decisions written for oneDominion or colony could have profound legal and political effects onanother.