Well, I feel like an idiot. My memory was a little off. The Canadian government did draft a bill, though after the provincial courts made their decisions. Before the legislation was presented in Parliament, the government referred it to the Supreme Court and asked about the constitutionality concerning gay people having the right to marry. The Supreme Court said they did, and after a bunch of shenanigans, especially from the premier of Alberta at the time, the legislation was passed.
I don't know if the SCC can actually rewrite law - I've been looking but can't find a definitive answer - but it can say how laws are to be interpreted. And it can strike laws out. Back in the 1980s, it said the abortion laws of the time were too onerous and tossed them. The legislature could have created new laws that might have been approved by the SCC, but none have tried yet.
Here, it is possible for people not directly involved in a case to bring issues before the court under certain circumstances, but there is a test to be met and it doesn't happen a lot.
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timeasmymeasure
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Date: 2013-06-27 07:45 pm (UTC)I don't know if the SCC can actually rewrite law - I've been looking but can't find a definitive answer - but it can say how laws are to be interpreted. And it can strike laws out. Back in the 1980s, it said the abortion laws of the time were too onerous and tossed them. The legislature could have created new laws that might have been approved by the SCC, but none have tried yet.
Here, it is possible for people not directly involved in a case to bring issues before the court under certain circumstances, but there is a test to be met and it doesn't happen a lot.