A cure is badly needed to return the balance between the courts and Parliament

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Judicial overreach has become all too common in Canada. From an Ontario judge’s recent decision to block the province from removing bike lanes, to the Supreme Court of Canada’s ruling, last year, declaring a novel right for courts to supervise and question the legislative process, judicial activity has intruded into the realm of elected governments and legislatures.

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This dramatic expansion of judicial power is unsettling the balance of our constitution. It undermines the equilibrium between parliament and the courts, replacing the decisions of democratically accountable representatives with appointed judges.

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In our constitutional tradition, primary responsibility for the preservation of peace, order, and good government resides in Parliament and the provincial legislatures. This responsibility inheres in the choice made at Confederation by the framers of the British North America Act to