Supreme Court of Canada
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Le langage de la justice
Un article paru sur le site de Radio-Canada parle d’une étude réalisée par un avocat, Mark Power, de Heenan Blaikie, pour le compte de la Fédération des associations des juristes d’expression française de common law, portant sur la constitutionnalité de nominations de juges unilingues à la Cour suprême. Selon Me Power (ou du moins selon… Continue reading
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Keeping Judges Busy
The Globe and Mail reports that the federal government will go to the Supreme Court to review the constitutionality of its Senate Reform project. Opponents of the reform have dared it to do so for years. They’ll get their wish now. The Supreme Court’s was already asked to rule on Senate reform project once, by Pierre… Continue reading
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Quasi-Constitutional Rights?
What are “quasi-constitutional rights”? Is this a meaningful, a useful concept? Justice Lebel’s comments in a decision released last week by the Supreme Court raise the question. The decision, Éditions Écosociété Inc. v. Banro Corp., 2012 SCC 18 is one of three released last Wednesday, all dealing with questions of when Canadian courts can, and when they should,… Continue reading
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A Charter Child’s Blues
This was originally written more than three years ago now, but I am fond of the text. I thought I would repost it tomorrow, on the Charter‘s 30th anniversary, but decided to do it today. Hopefully I’ll come up with something more celebratory tomorrow. *** I am a proud Charter child. A copy of the… Continue reading
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A Right to Bear Arms? Canadian Cases
Here’s something I should have done yesterday, before launching into my analysis of the Charter‘s protection of liberty and of the right to bear arms: read some actual cases! Well, better late than never. In R. v. Hasselwander, [1993] 2 S.C.R. 398, Justice Cory, writing for a 3-2 majority, opined, at p. 414, that “Canadians, unlike Americans… Continue reading
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Emergency Wiretaps and Privacy Rights
Well, the Supreme Court of Canada has great timing. Or maybe I do, but saying that would be immodest, right? In any case, the day after I wrote that the Court latest privacy decision was a mess, it has released its decision in R. v. Tse, 2012 SCC 16, addressing the conflict bewteen the right to privacy… Continue reading
Double Aspect 