A few months ago, this human rights column was about the Ontario Court of Appeal’s decision in R v Kokopenace, 2013 ONCA. The major issues in Kokopenace were the scope of the right to representativeness on the jury roll (a list of persons who are eligible to serve on a jury) under sections 11(d), … [Read more...]
The Supreme Court of Canada: A History
The leading role of the Supreme Court of Canada is no longer in dispute, but there was a time when it had to struggle to establish its authority. The history of the Court began with section 101 of the Constitution Act, 1867, which allowed Parliament to establish a “General Court of Appeal for … [Read more...]
Democratic Governance: The Constitution and Canada’s Branches of Government
Canada has a constitutionally recognized federal government and constitutionally recognized provincial governments. Canada is a “constitutional monarchy,” which is a form of government where monarchs act as the political heads of state but their powers are kept within the boundaries of that … [Read more...]
Judicial Review is Different from Judicial Activism
Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, there has been much discussion about the proper role of judges and courts in our democratic system. Commentators have noted, and many critics have complained, that decisions made and laws passed by our democratically elected … [Read more...]
The Nadon Reference: A Unique Challenge
The judgment of the Supreme Court of Canada in the “Nadon Reference,” more elegantly known as Reference re Supreme Court Act, ss. 5 and 6, [2014] 1 SCR 433 is one of the more controversial decisions of the Court in the fairly long list of defeats for the federal government in recent years. Can … [Read more...]
Top Courts in the U.S. and Canada: A Comparison
Knowledge of Canada or the United States is the best way to gain insight into the other North American country. Nations can be understood only in comparative perspective. And the more similar the units being compared, the more possible it should be to isolate the factors responsible for … [Read more...]
John Lennon: Working Class Hero and Legal Activist
For me, John Lennon, for all his excesses and flaws, was a great musical hero and one of a select group who have been able to marry blazing musical talent with meaningful politically and socially charged songs, combined with genuine activism and a commitment to civil liberties. He was also inspired … [Read more...]
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances
Background Gail Cameron was brought up in the restaurant and accounting businesses. Her husband Jack had a strong trucking background. In June 1978, the couple had acquired Cedar Service Centre on 12 acres of land located on the former Highway 17 west of Ottawa from Gail's mother. They built a … [Read more...]
Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Navigating the family law system without a lawyer can feel overwhelming, but many successfully find their way. One of the biggest stumbling blocks for self-represented individuals is a resistance to provide sufficient financial information. In order to properly negotiate or litigate child … [Read more...]
Going it alone? Resources for Self-Represented Litigants
Increasingly, people are finding themselves in court without a lawyer to represent them. They are known as “self-represented litigants” (SRLs for short). The National Self-Represented Litigants Research Study conducted by Dr. Julie Macfarlane revealed that, generally, this is not because … [Read more...]
