History of The Supreme Court of Canada - Laskin Court

Laskin Court

The appointment of Bora Laskin as Chief Justice in 1973 represented a major turning point for the Supreme Court. Many of the Laskin Court justices were either academics or well-respected practitioners, most had several years experience in appellate courts. Laskin's federalist and liberal views were an influence in many of the court's decisions. The change in direction of the court proved somewhat controversial. Laskin's style was abrasive enough that it provoked Justice Louis-Philippe de Grandpré to take early retirement. His promotion to Chief Justice also upset Ronald Martland who by convention, expected to be appointed to the position since he was the most senior puisne justice at the time.

Among the most notable cases to go through the court in this period included Calder v. British Columbia (Attorney General) S.C.R. 313 where the court acknowledged the existence of a free-standing aboriginal right to land. In R. v. City of Sault Ste-Marie 2 S.C.R. 1299 the court established the standard for strict liability offences in the criminal law. Reference re a Resolution to amend the Constitution 1 S.C.R. 753 was one of the first times the court acknowledged the existence of an unwritten constitutional convention, namely the constitutional obligation to get consent from the provinces for an amendment.