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Monthly Archives: May 2017

Justice Abella is Wrong to Prioritize Human Rights Over the Separation of Powers

In a recent commencement address at Brandeis University, Justice Rosalie Abella of the Supreme Court took a stab at President Donald Trump. Decrying “narcissistic populism,” Justice Abella argued that a “shocking disrespect for the borders between power and its independent adjudicators like the press and the courts” defines the modern era.  This isn’t her first foray into political terrain. Last year, after receiving ...

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The Notwithstanding Clause is no Longer the Nuclear Option

Section 33 of the Canadian Charter of Rights and Freedoms – better known as the “notwithstanding clause” – is one of the most controversial parts of the Canadian constitution. Despite being an integral part of the formation of the Charter, commentators such as Andrew Coyne have suggested that the provision is “dead letter” or “taboo”. But on Monday, Saskatchewan Premier ...

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The Perils of the Purposive Approach

The Supreme Court of Canada has repeatedly said that, in interpreting statutes, courts should undertake a unified textual, contextual and purposive approach. Under this approach “the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention ...

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