“This isn’t a flaw; our court system is unique, and every country’s appointment process should reflect the constitutional framework it serves,” she wrote. “In Canada, provincial superior courts have broad jurisdiction to hear both federal and provincial matters, and are empowered to strike down both federal and provincial laws. The reality is very different in countries such as the United States and Australia, where state courts mainly restrict themselves to state matters. Our current system of federal appointments based on substantial provincial input makes sense in the Canadian context.”
