Monthly Archives: December 2017

Getting Back to the Basics of Judicial Review

One could scarcely find an area of law so muddied as administrative law. In a recent blog post on Double Aspect,  Leonid Sirota argues (omitting some far more colourful language) that our courts continue to struggle with reconciling the basic concepts of parliamentary supremacy and the rule of law, which are said to be in conflict with one another. The ...

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Why the Appeal to Charter Values Denies the Rule of Law

Barry W. Bussey is Director Legal Affairs, Canadian Council of Christian Charities.  He blogs at: lawandreligion.org. The following is an excerpt of his article, “The Charter is Not a Blueprint for Moral Conformity,” (2017) 79 S.C.L.R.(2d) 367, 393-400   It may be trite to say that a liberal democracy must respect the rule of law.[1] Lord Bingham described the core ...

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Wagner C.J. is the Prudent Choice

Today’s elevation of Justice Richard Wagner to the position of Chief Justice is a welcome development. Justice Wagner’s collegiality and moderation will serve him well in his new role. His dissenting judgment in Saskatchewan Federation of Labour is an excellent example of understanding the judicial role vis-a-vis s. 2(d) of the Charter. It is worth adding that the alleged “convention” ...

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