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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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Doré’s Demise?

In my last post on Double Aspect, I wrote about the religious freedom issues addressed in the Supreme Court’s recent decision in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54, which concerned the constitutionality of a ministerial decision to allow development on land considered sacred by an Aboriginal nation. I want to return to Ktunaxa, ...

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The Myth of Sovereign Provincial Legislatures: Canada’s Federal Crown Beyond Provincial Control

Following the adoption of the British North America Act 1867, the Judicial Committee of the Privy Council (the “Privy Council”) went to great pains to give full effect to the written text of the Canadian Constitution. In doing so, it emphasized the sovereignty of the federal and provincial orders of government. While the Supreme Court of Canada (the “Supreme Court”) ...

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Lawless Society of Upper Canada

The Law Society of Upper Canada (soon to be renamed something less historic), prepares to require its members ― of whom I am one ― to supply it with individual Statement[s] of Principles that acknowledge[] [our] obligation to promote equality, diversity and inclusion generally, and in [our] behaviour towards colleagues, employees, clients and the public. Bruce Pardy has written an ...

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A Wise Decision in Retrospect

The Ontario Court of Appeal handed down two seminal decisions last month. In the companion cases, Cobb v. Long Estate and El-Khodr v. Lackie,  the Court of Appeal (hopefully) settled the doctrine in a number of areas relevant to motor vehicle accident (“MVA”) litigation. Cobb and El-Khodr were appeals arising from the assessment damages, prejudgment interest, and costs in the context ...

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