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Yearly Archives: 2017

Debating Free Trade

On January 7, 2017, I had the honour of discussing and debating s.121 of the Constitution Act, 1867 with the prolific columnist and intellectual, John Robson, and Ian Blue Q.C., counsel for the defendant in the now famous case, R. v. Comeau. The debate was part of the Canadian Constitution Foundation’s Law & Freedom Conference, which took place between January ...

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The Paradoxical Presumption of Constitutionality

INTRODUCTION Should the courts, in judicially reviewing legislation, employ a presumption constitutionality? Should they, in other words, presume that a law enacted by Parliament or the provincial legislatures is constitutionally valid, rebutting that presumption only in the face of convincing evidence? The answer to this question is not as clear as one might suppose. In the context of the division ...

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The Charter and Canada’s New Political Culture: Are We All Ambassadors Now?

On January 6, 2017, The Honourable Glenn D. Joyal, Chief Justice of the Court of Queen’s Bench of Manitoba, gave the keynote address at the Canadian Constitution Foundation’s Law and Freedom Conference. The title of this stimulating and eloquent address was “The Charter and Canada’s New Political Culture:  Are We All Ambassadors Now?” Chief Justice Joyal discussed the roots of ...

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