Monthly Archives: June 2016

The Supreme Court is Eroding the Bedrock Principle of Stare Decisis

There is an uneasy tension at the heart of Canada’s legal system between the inherent conservatism of our legal principles and the inherent liberalism of the actors tasked with applying them. Traditionally, Supreme Court of Canada decisions were final and binding on lower courts. Today, by the courts’ own doing, this bedrock principle is being eroded. Last week, Ontario’s highest ...

Read More »

The Case for a Constrained Approach to Section 7

This article will appear in the upcoming edition of Law Matters, a publication of the Canadian Bar Association Introduction The consensus in the academic community when it comes to interpreting the Charter is that more is better. There is little debate that the Charter is a “living tree,” such that its meaning must “evolve” over time so that it “accommodates ...

Read More »

Carter Should not be the “Last Word” on Assisted Dying

The Alberta Court of Appeal ruled in May in Canada (AG) v. E.F. that a woman suffering from “severe conversion disorder” — a non-terminal, psychiatric condition that causes physical symptoms — was eligible to receive “aid in dying” under the “criteria” stated in the Supreme Court of Canada’s February 2015 decision on physician-assisted dying, known as Carter I. The Attorney ...

Read More »

ARL’s New Logo

In honour of our two-year anniversary, Advocates for the Rule of Law has commissioned a new logo that can be viewed near the top of the website homepage. The new logo incorporates a sword and the scales of justice, both of which are traditionally associated with Lady Justice, on the backdrop of a Canadian flag. We hope you enjoy the ...

Read More »