To some Canadians, international law may be perceived as an amorphous body of law with little, if any, direct impact on their day-to-day life. After all, international law was historically referred to as the “Law of Nations”: the laws which governed the conduct of sovereign states as actors on the … [Read more...]
The Evolution of the War Measures Act
"We are living in extraordinary times," opined Anglin J in Re Gray (1918) 57 SCR 150, "which necessitate the taking of extraordinary measures." It was 1918, the final year of the First World War, and the extraordinary measures at issue were powers exercised by the government pursuant to the federal … [Read more...]
An Insider’s Look at Senate Committees
When I first stepped into the Senate atrium and peered into the chamber, I recall experiencing a sensory overload of colour. Carpeted in a sea of red with gold leaf adorning the ceiling, the Senate is decorated in a style befitting a monarch, the colours hinting at the Upper House's regal … [Read more...]
The Statute of Westminster: A Stepping Stone towards Canadian Independence
British imperial history is replete with examples of declarations of independence, often accompanied by violent uprisings or civil conflict. One of the fundamental documents of Canadian independence was also a declaration, albeit of a different character and issued under very different … [Read more...]
Scrutinizing the Bench: Judicial Appointments in Canada and England and Wales
When judges are sworn in to judicial office in Canada and England and Wales, they recite a common oath of office. A judge promises "to do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will." Alluded to in this shared oath is the … [Read more...]
Legal Responses to the Financial Crisis of 2008 in Canada, the U.K. and the U.S.
Stock tickers with downward arrows. Index charts and monitors evincing the value lost by public companies and currencies overnight. These were scenes familiar to those who worked on Wall Street, the City, and other global financial centres in 2007 when the financial crisis began in earnest. But … [Read more...]
A Progress Report of Disability Rights since the Charter
In 1982, the Charter of Rights and Freedoms formally enshrined equality rights into the Canadian constitution. Section 15 of the Charter reads: “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in … [Read more...]
Finders Keepers? A Historical Survey of Lost and Abandoned Property and the Law
Introduction You are walking along a busy downtown street when a small object on the ground catches the corner of your eye. Intrigued, you bend down to find a small pouch which upon further examination contains a gold bracelet. There is neither attached identification nor any sign of the owner. To … [Read more...]