separation of powers

November 14, 2014

Bar This Claim

A couple of recent cases that the Québec Court of Appeal should consider in deciding whether to let the Barreau’s challenge to mandatory minimums go forward. Continue reading

Constitutional law, Criminal Law/Policy

Charter, judicial review, mandatory minimum, separation of powers, standing, tough on crime
April 12, 2013

The Ghost of Patriation

If the ghost of communism is, or ever was, haunting Europe, Canadian constitutional law is haunted by what Fabien Gélinas described as the Ghost of Patriation. This ghost has been seen abroad again this week, stirred by an historian’s claims that, while the Supreme Court was considering questions about the constitutionality of the federal government’s Continue reading

Constitutional law, History, The Justice System

Bora Laskin, judges, judicial independence, Patriation, separation of powers
February 21, 2013

For Sale! (Or To Give Away)

Last week, the BC Court of Appeal issued a decision upholding the constitutionality of the “hearing fees” imposed by the government on litigants who took their cases to trial in the province’s courts, Vilardell v. Dunham, 2013 BCCA 65. The fees had been struck down last May by the province’s Supreme Court. “Some things are Continue reading

Constitutional law, The Justice System

courts, hearing fees, judges, Rule of Law, separation of powers, underlying principles
June 6, 2012

An Ancient Parliamentary Right

I learned something about constitutional and Parliamentary tradition yesterday, and decided I’d post about because I was probably not alone in my ignorance of this quirk. Apologies to those in the know already! *** Each session of the mother of parliaments, at Westminster, and her daughters throughout the Commonwealth, starts with a Speech from the Continue reading

Constitutional law, History

Canada, constitution, government, Parliament, parliamentary tradition, politics, separation of powers
May 31, 2012

Don’t Piss Off the Crocodile

As promised, I have some comments on the B.C. Supreme Court decision striking down hearing fees, which I summarized here yesterday. In fact I’ll have a lot of comments, too many for just one post. I start off today with some thoughts on what I take to be the main line of argument in Justice Continue reading

Constitutional law, The Justice System

courts, hearing fees, judges, Rule of Law, separation of powers
May 30, 2012

One’s Day in Court: Priceless?

In 1998, British Columbia started charging litigant stiff “hearing fees” for each day of a civil trial. Last week, Justice McEwan of the B.C. Supreme Court issued a monster of a judgment declaring them unconstitutional. The decision is very interesting for all sorts of reasons, but it is also abusively long. Fortunately for you, I have Continue reading

Constitutional law, The Justice System

courts, federalism, government, hearing fees, judges, separation of powers
May 8, 2012

Constitutional Structure and Economic Outcomes

A few days ago, F.H. Buckley, a professor at the George Mason School of Law (and McGill law graduate and former professor) published in the National Post an op-ed arguing that the Canadian constitutional system, and in particular its lack of separation of powers, serves us rather well by helping maintain a free economy and Continue reading

Constitutional Theory, Political philosophy

constitution, government, politics, separation of powers