Constitutional law | Page 2
Judicial Musical Chairs
Some have suggested that the announcement on Friday that Mainville J.A. has been appointed from the Federal Court of Appeal to the Quebec Court of Appeal suggests that he will be appointed to fill one of the Quebec seats on the Supreme Court of Canada, a seat about to be vacated by LeBel J. Mainville […] Read more
Assisted Suicide and Prosecutorial Discretion
I spoke with Rob Breakenridge about Quebec’s “right to die” legislation and a timely Supreme Court of Canada case on prosecutorial discretion. Read more
Submissions to Senate Standing Committee on Legal and Constitutional Affairs re Modifications to the Supreme Court Act
Abstract: The Committee has been asked to consider sections 471 and 472 of Bill C-4, which modify the Supreme Court Act. It has been asked to consider them in the midst of an important controversy. In late September, 2013, Prime Minister Harper nominated the Honourable Justice Marc Nadon, then a member of the Federal Court […] Read more
Prescribing Greater Protection for Rights : Administrative Law and Section 1 of the Canadian Charter of Rights and Freedoms
Abstract Canadian courts have struggled to interpret the “prescribed by law” requirement contained in section 1 of the Charter of Rights and Freedoms. Indeed, they have frustrated the achievement of its three functions: furthering the rule of law; heightening accountability; and providing additional protection for the individual. The flawed analytical framework set out by the […] Read more