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ARL at the Supreme Court

Advocates for the Rule of Law is proud to announce that it has completed its first intervention at the Supreme Court. ARL intervened on behalf of the respondent in the case of Courtoreille v. Canada. ARL argued that the duty to consult principle must be balanced against the principle of legislative sovereignty. If the government fails to consult with Aboriginal groups prior ...

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Why ARL Opposes a Duty to Consult in the Legislative Process

On January 15, 2018, lawyers for Advocates for the Rule of Law (“ARL”) will be appearing before the Supreme Court of Canada to make submissions in a case that will consider whether there is a justiciable duty to consult potentially affected Aboriginal groups in the legislative process.  This is the first Supreme Court of Canada case that ARL has intervened ...

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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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ONCA questions Doré-Loyola framework on eve of TWU’s SCC hearing

Is it “antithetical” to the “Charter value” of “inclusivity” to allow a child to be excused from a public school classroom while sexual orientation or gender is being discussed? In this article I review a case that raises this very question. Many lawyers today are concerned that “Charter values” are being used as a sword for state-enforced moral conformity, when ...

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On the Nomination of Justice Martin to the Supreme Court

Advocates for the Rule of Law congratulates Justice Sheilah L. Martin of the Alberta Court of Appeal on her nomination to the Supreme Court of Canada. Justice Martin’s academic and professional credentials to serve on the Supreme Court — including being a law dean, law professor, commercial litigator, pro bono constitutional lawyer, and very active member of the profession generally — ...

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Runnymede Society National Law & Freedom Conference

All readers of ARL are warmly invited to attend the 2018 Law and Freedom conference, presented by the Runnymede Society. Join the Runnymede Society for some lively debate and discussion about the most important issues in Canadian constitutional law today — and how they impact freedom, policy, and society. Until December 1st, 2017, the code EARLYBIRD will entitle you to ...

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ARL’s Factum in Courtoreille

Pursuant to the Order of the Honourable Justice Brown, Advocates for the Rule of Law was granted leave to intervene in the Courtoreille Appeal. We are thrilled to publish our Factum which will be before the Supreme Court of Canada on January 15, 2018. Once again we thank pro bono counsel Brandon Kain and Bryn Gray of McCarthy Tétrault LLP for all their hard work on our ...

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Khadr Debate on YouTube

My debate with CCLA lawyer Rob De Luca has been uploaded to YouTube and can be accessed here. The video can also be accessed on the Runnymede Society website here. My take on the Khadr Settlement can also be read here. Thank you again to the Runnymede Society for hosting the debate and to Joanna Baron, President of the Runnymede ...

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