Antoine was mid-40s, tall and lean with shoulder length black hair. I met him in jail to prepare his sentencing for stealing lotto tickets from a corner store and many breaches of his release condition not to drink. He had never served federal time but had spent more than half of his past 20 years … [Read more...]
Vol 39-5: The Law and Canada’s Indigenous Peoples
Full PDF of this issue Table of Contents Featured Articles: The Law and Canada's Indigenous Peoples Special Report: Tough Decisions Departments Columns Featured Articles: The Law and Canada's Indigenous Peoples The Inuit live in Canada, Greenland, Russia, Denmark, and Alaska. … [Read more...]
The Vexatious Litigant
Vexatious litigation generally involves legal proceedings brought solely to harass or oppress the opposing party. Vexatious litigation may range from a first-time, frivolous lawsuit to repetitive, meritless applications brought within an otherwise proper lawsuit. In a nutshell, vexatious litigation … [Read more...]
Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality
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...]
