The Justice System

May 28, 2014

Conventional Thinking

There is big news on the Supreme Court appointment front today, which is arguably not getting enough attention. According to the Globe’s Sean Fine, “[t]he Conservative government has turned to Quebec to create a candidate list for the Supreme Court of Canada” ― asking the provincial government to submit names of potential replacements for Justice Fish… Continue reading

Constitutional law, The Justice System

architecture, constitutional amendment, conventions, judicial appointments, Québec, Supreme Court of Canada
May 25, 2014

Lazy Revolutionaries

The CBC’s Chris Hall already had a story along those lines a short while ago, but today the Globe and Mail contains Sean Fine’s masterful in-depth account of the back-story to the failed appointment of Justice Nadon to the Supreme Court and the government’s recent attempts to portray Chief Justice McLachlin as having acted improperly on this the matter when… Continue reading

Constitutional law, The Justice System

Canada, ideology, politics, Supreme Court of Canada
May 19, 2014

Open Bar

First of all, apologies for my silence. I’m afraid I will not blog much this week either, but I should resume normal schedule next week. I am able to write today, however, and want to discuss the decision of Québec’s Superior Court on a challenge to the standing of the Québec Bar to attack the… Continue reading

Constitutional law, Criminal Law/Policy, The Justice System

bar, judicial independence, judicial review, mandatory minimum, sentencing, standing, tough on crime
April 22, 2014

Access to Justice and Political Ignorance

I will do one last post ― for now, that is, until the Supreme Court’s judgment comes out ― prompted by the British Columbia “hearing fees” case I have been blogging about. In this post, I want to step back a little, and offer some thoughts on the bigger picture of which the “hearing fees”… Continue reading

The Justice System

access to justice, courts, hearing fees, legal profession, political ignorance
April 21, 2014

A Puff of Smoke

I argued last week that the Supreme Court should find British Columbia’s “hearing fees,” which litigants must pay to bring a case in front of a judge, unconstitutional as a violation of the principle of the Rule of Law. But what about the Supreme Court’s decision in British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC… Continue reading

Constitutional law, The Justice System

access to justice, courts, hearing fees, Rule of Law, underlying principles
April 16, 2014

Which Way to Court?

I wrote yesterday about the oral argument which the Supreme Court heard on Monday in the case now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), formerly Villardell v. Dunham. At issue is the constitutionality of the “hearing fees” which British Columbia requires a litigant setting a civil case down for… Continue reading

Constitutional law, The Justice System

access to justice, courts, hearing fees, Rule of Law, underlying principles
April 15, 2014

Who Pays for Justice?

Yesterday, the Supreme Court heard the oral arguments in the B.C. hearing fees case, now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), a case I have much blogged about as it made its way through the B.C. courts (where it was known Villardell v. Dunham, both on trial and… Continue reading

Constitutional law, The Justice System

access to justice, Charter, courts, hearing fees, Rule of Law, underlying principles
March 30, 2014

Lies, Damned Lies, and Judicial Review

As the federal government considers its response to the Supreme Court’s ruling in Canada (Attorney General) v. Bedford, 2013 SCC 72, which invalidated the prostitution-related provisions of the Criminal Code, one can be forgiven for wondering whether its response will be guided by facts and research, or by ideology. Unfortunately, as a depressing but important guest post by Maggie… Continue reading

Constitutional law, The Justice System

Bedford, Charter, evidence, judges, judicial review, sex work
March 22, 2014

What You Wish For

As promised, here are some thoughts on the Supreme Court’s opinion in l’affaire Nadon, Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21. As I mentioned in my last post, which summarized the majority opinion and Justice Moldaver’s dissent, I think that the majority opinion is a weak one. I should note that my views here seem to be very… Continue reading

Constitutional law, The Justice System

bilingualism, Federal Courts, judicial appointments, Justice Nadon, Québec, Supreme Court of Canada
March 22, 2014

No-don

Yesterday, the Supreme Court has delivered its opinion concerning the legality and constitutionality of the appointment (and swearing in by the Court!) of Justice Nadon, Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21. By a 6-1 majority, it finds that Justice Nadon’s appointment was not authorized by s. 6 of the Supreme Court Act, and that the enactment by Parliament… Continue reading

Constitutional law, The Justice System

Federal Courts, judicial appointments, Justice Nadon, Supreme Court of Canada