judicial review
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Rights and Votes
Is it ever ok to put people’s rights to a democratic vote? Dahlia Lithwick and Sonja West are adamant that it is not, as they make clear in an article in Slate on the subject of same-sex marriage. But their argument is wrong, and indeed dangerous. Ms Lithwick and Ms West argue that “marriage equality… Continue reading
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Judicial Review and Co-operative Federalism
I would like to return to Justice Blanchard’s reasons for judgment granting the injunction preventing destruction of Québec-related gun-registry data pending judgment on the merits in this case, about which I posted here a couple of days ago. The case, says Justice Blanchard, is “exceptional,” “a first in Canadian judicial history” (par. 21). The reason it… Continue reading
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A Belated Happy Birthday to the Charter
I wasn’t able to post yesterday, but still want to say something good on the Charter‘s anniversary. My doubts and worries notwithstanding, I believe that the Charter has done Canada a lot of good. With Lord Acton, I believe that “[l]iberty is not the means to a higher political end. It is itself the highest… Continue reading
Double Aspect 