no, the politicians are the biggest problem
they help pick the mp that becomes/stays as PM
the PM picks the judges for the supreme court/appoints them
and finally the MPs, house of commons is
supposed to make the fucking laws, not the supreme court
and if they strike something down, the MPs need to fight back and rewrite the law
and finally stop picking fucking moronic fucks for the supreme court in the first place
who think it's their job to make laws and make shit up to justify their delusions of reality
The parliamentary system is superior to a presidential one.
If you want to curse at any PM (now or previously), the culprit is how presidential the Prime Minister's Office (and party leader position) has become.
Parliamentary tradition, if they actually followed it, could have the caucus bring down an unpopular or dysfunctional leader in the blink of an eye.
But now, the MPs are the ones who get punished if they go off-message or exercise any independence in representing their constituents; the attitude that "the leader is the party" comes straight from the habit of presidential not parliamentary politics.
That is for opposition parties too, not just the party in power. (Witness the recent dust-up where Polly ordered his MPs not to let citizens know how to access certain government benefits because he didn't want to legitimize anything that might make the government look positive.)
The party leaders can now withhold the signing of nomination papers for local candidates, so nobody in caucus wants to cross them because if they lose that party brand, there's a good chance they lose their career along with it. So piece by piece most of the parties have stopped having legitimate contests to see who candidates will be, then stopped allowing MPs to be heard (unless acting as sock puppets for the leader's daily talking points), and now even most cabinet ministers (and shadow ministers) get stuffed into a closet, because if they start being seen as good at their job they are given, they might steal the spotlight within the party, away from the PM/leader. That means that if the MPs and cabinet ministers are increasingly meaningless, more power goes to the slick unelected advisors in the PMO or leader's office.
That has been a huge problem with Trudeau's time as PM, as it was for Harper before him. Cabinet members (who are elected) losing battles with unelected PMO insiders & their cronies, then getting demoted or exiled for it; MPs who seem more and more mindless, because you never heard anything about them unless some scandal breaks out. And that means elections fought basically as contest of just one leader versus another - something which the media encourages because they like to dumb everything down to "the leader is the party".
The courts, you are right, have forgotten that parliament makes the laws, not them. They are just there to interpret it, not create new policies that never were legislated, or consented to by the public in any other way.
I am 100% for restoring parliamentary supremacy, and 100% for restoring parliamentary rules of government (ending "presidential" style PM's and party leaders).
We'll never agree on the party politics, but if the Liberal party were to stick Trudeau's head into the caucus guillotine, that wouldn't just be their best move politically, but would also strike a blow for restoring those wise old parliamentary traditions that actually worked better than whatever--the-fuck this is.