reasonableness

July 21, 2016

Keeping Time, Time, Time

The Supreme Court changes the meaning of the right to be tried within a reasonable time A couple of weeks ago, the Supreme Court issued a very important, and fairly radical, decision on the “right … to be tried within a reasonable time,” which paragraph 11(b) of the Canadian Charter of Rights and Freedoms grants to “any Continue reading

Constitutional law, Criminal Law/Policy, The Justice System

Charter, constitutional interpretation, delay, reasonableness, speedy trial
January 11, 2015

A Heap of Trouble

It’s just one decision, and in all likelihood a legally correct one at that ― and yet, precisely because it is likely correct, it illustrates any number of things that are wrong in Canadian law: Thibault c. Da Costa, 2014 QCCA 2437. The case arose out of disciplinary proceedings instituted by the syndic of the Continue reading

Administrative Law, Criminal Law/Policy

deference, reasonableness, retroactivity, Rule of Law, standard of review