The Justice System
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Farewell, Hercules and the Umpire!
I blogged about Richard G. Kopf’s Hercules and the Umpire, a couple of years ago, when I first discovered it. Its author is a senior (in Canada, we would say “supernumerary” ― but I think “senior” sounds better) federal district judge in the District of Nebraska. I wrote, at the time, that Judge Kopf “is… Continue reading
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In Defence of Judicial Majorities
First of all, apologies for my silence of late. Partly, I just couldn’t find anything interesting to write about. Partly, I have been much more diligent about my dissertation-writing, and that hasn’t helped with the blogging. Actually, as I’m trying to finish a draft over the next couple of months, I’ll compensate by occasionally posting… Continue reading
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No, no, no!
In his guest-post, for which I thank him, Maxime St-Hilaire offers three critiques of the judgments that have upheld the constitutionality of Justice Mainville’s appointment to the Québec Court of Appeal ― that of the Québec Court of Appeal in Renvoi sur l’article 98 de la Loi constitutionnelle de 1867 (Dans l’affaire du), 2014 QCCA 2365,… Continue reading
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This Time It’s Different
Today, the Supreme Court heard Québec’s appeal in l’Affaire Mainville ― and, after deliberating for less than an hour, dismissed it from the bench. Speaking for the Court, Justice Wagner endorsed the reasons of the Québec Court of Appeal in Renvoi sur l’article 98 de la Loi constitutionnelle de 1867 (Dans l’affaire du), 2014 QCCA 2365 (an… Continue reading
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Untenable
The Supreme Court will hear the oral arguments in l’Affaire Mainville this Friday. The issue in this case concerns the eligibility of Federal Court judges appointed from Québec, and thus former members of the Québec bar, for seats on Québec’s s. 96 Courts, pursuant to s. 98 of the Constitution Act, 1867, which provides that… Continue reading
Double Aspect 