The authors identify several more aspects of potential judicial overreach. In their view, these are not isolated instances — rather, they are symptomatic of structural problems with the way in which the law has been judicially interpreted over time. The result of these developments, they conclude, has been an informal modification of the Canadian constitution. Authority has shifted away from the legislatures and toward the courts. Most concerning, it appears that the Supreme Court is undertaking this shift without the input of Parliament or the provinces, as required by the Constitution’s amending formula.






