We at Advocates for the Rule of Law are proud to announce that we have now been incorporated as a not-for-profit corporation. We will be seeking charitable status shortly. Thank you to everyone who has supported Advocates for the Rule of Law over the last three years for making this milestone possible! A very special thanks to Brett Anderson and ...
Read More »Recent Posts
Courts, Legislatures, and the Illusion of “Dialogue”
I. WHAT IS A CONSTITUTIONAL RIGHT? It has been said that Constitutions are a “mirror reflecting the national soul”[1]. While these comments were made before the Canadian Charter of Rights and Freedoms (Charter) came into effect, there is no reason to believe that the Charter, which focusses on a guaranteed set of civil liberties (Charter rights), should be any less ...
Read More »ARL on Facebook
Advocates for the Rule of Law is now on Facebook. As of the time of writing, our Facebook page has already been followed and liked by dozens of people. We thank everyone for their continued support. Stay tuned, as always, for more articles and other ARL activity. The Facebook page can be accessed here.
Read More »Court of Appeal Justices: Invoking “Charter Values” Risks Subordinating Charter Rights
Ontario Court of Appeal Justices Miller and Lauwers recently critiqued the nebulous concept of “Charter values” in a written judgement and urged judges to avoid invoking Charter values as much as possible. The case, in Gehl v Canada (AG), 2017 ONCA 319, is worth reading, but I’ll summarize it for you here. The issue in Gehl was whether the appellant, ...
Read More »The Legal Case Against the Khadr Settlement
Was the Government of Canada’s decision to settle with Omar Khadr for $10.5 million a pragmatic choice that saved the taxpayers millions in the long run? This is certainly what the government and some commentators would have us believe. If true, this would provide a sensible justification for the settlement. A multi-million dollar payout to an individual who previously participated ...
Read More »The Courts are not Supreme Arbiters of Morality
In a post over at Slate, Omar Ha-Redye sets out what his title describes as “A Judicial Vision of Canada at 150 and Beyond“. The post is a rather rambling one, but insofar as I understand its overall purpose, it is meant to highlight the centrality of the Supreme Court to our constitutional framework, as illustrated in particular by the ...
Read More »A Respectful Dissent from the Khadr Consensus
The case of Omar Khadr gives scholars a rare opportunity to question the fundamentals of public law damages. Such damages are notoriously difficult to quantify. As Lord Shaw once put it, “the restoration by way of compensation is therefore accomplished to a large extent by the exercise of a sound imagination and the practice of a broad axe.” This is ...
Read More »Debating Human Rights with Professor Pardy
Recently, I had the pleasure of discussing and debating human rights law with Professor Bruce Pardy of my alma mater, Queen’s Law. The topic of the debate was Parliament’s Bill C-16, which amended the Canada Human Rights Act and Criminal Code, along with recent amendments to the Ontario Human Rights Code. The relevant amendments in both human rights statutes concern ...
Read More »On Canada Day, Let’s Celebrate our Constitution
The Government of Canada has spent a considerable sum to promote “Canada 150” over the last few months, but it has done next to nothing to explain to Canadians what exactly it is we are celebrating. July 1 marks the date that the British North America Act, 1867 came into force. The B.N.A. Act, as it was commonly known, endowed Canada with its own ...
Read More »The Courts Have No Jurisdiction to Review “Church Discipline”
Can a matter of church discipline be appealed from a church to a court? The question has made its way up to the Supreme Court of Canada in Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses. It may surprise you that it was answered in the affirmative by the chambers judge, Justice Wilson, and by a majority ...
Read More »