DOCSLIB.ORG

THE LAWYERS WEEKLY 1-800-265-8381 Vol

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE LAWYERS WEEKLY 1-800-265-8381 Vol McKELLAR STRUCTURED SETTLEMENTS INC. www.mckellar.com THE LAWYERS WEEKLY 1-800-265-8381 Vol. 29, No. 35 www.lawyersweekly.ca January 29, 2010 Top court’s 2009 INSITE VERSUS OTTAWA Highlights track record: Fish ‘The Great Dissenter’ DIRECTORS’ DILEMMA were the most solid majoritari- McLachlin, Binnie, ans in the sense that they did the How directorships expose least concurring and dissenting, lawyers to liability Charron, LeBel, both wrote a total of nine major- ity or unanimous opinions, and PAGE 9 Rothstein led majorities Justice Charron wrote more unanimous judgments than any- CRISTIN SCHMITZ OTTAWA one else — five. PROTECTING Justice Charron and Justice Chief Justice Beverley Morris Fish spoke most often for PRIVILEGE McLachlin led the Supreme the court on criminal law — Court in more ways than one last although Justice Fish could also How safe are year, reveals a Lawyers Weekly be dubbed “The Great Dissenter” your e-mails? analysis of the Supreme Court’s since he authored in addition jurisprudential output in 2009. nine dissents — more than twice Not only did the chief justice as many as any of his colleagues. write more majority opinions The judges who wrote the than anyone else last year — six bulk of the common law for the — but she also did much of the nation last year — i.e. authored court’s intellectual heavy lifting. the largest total number of ALISTAIR EAGLE FOR THE LAWYERS WEEKLY She penned two judgments unanimous and majority opin- Joseph Arvay was the lead counsel for Insite, a ‘safe injection’ site for addicts, which revolutionized the law of ions — were: Chief Justice which recently won a victory at the B.C. Court of Appeal. See story on page 3 defamation, and co-authored, McLachlin (9) and Justices Page 14 with Justice Louise Charron, a Louise Charron (9), Louis LeBel landmark overhaul of the (9) Marshall Rothstein (9), and framework for the exclusion of Ian Binnie (8). OSCAR WATCH evidence under s. 24(2) of the Justices Rosalie Abella and Letter to judge crossed the line, Charter. Fish also each authored a total Vancouver lawyer/ of seven unanimous or majority judgments — a substantial num- says Quebec Court of Appeal screenwriter nervously ber — but they both wrote in awaits nominations addition an equal or greater what constitutes criticism that is ‘‘ number of concurrences and LUIS MILLAN MONTREAL objective, moderate and dignified,” PAGE 4 One could argue dissents. remarked Pierre Trudel, a law pro- that Justice Marie One could argue that Justice Lawyers can put pen to paper fessor at the Université de Deschamps went her Marie Deschamps went her own to criticize the legal system so long Montréal. “By definition, a criti- LAWYER RATINGS own way most often. way most often. She wrote just as it done with objectivity, moder- cism is not objective. When criti- four unanimous or majority ation and dignity, ruled the Quebec cizing, one does it beginning with Websites rating lawyers: judgments, and penned a total of Court of Appeal in an eye-opening a point of view. So it will probably nine concurrences and dissents. judgment. This may prove to be incite lawyers to be even more a necessary evil? The court’s newest member, the last chapter in a sorry saga that prudent.” PAGE 21 Interesting patterns emerged Justice Thomas Cromwell, witnessed a judge being repri- The case harkens back to 2001 when The Lawyers Weekly exam- showed an individualistic streak manded by his peers and a defense when Quebec lawyer Gilles Doré ined the quantitative and sub- in his writings too. He dissented lawyer suspended for 21 days. filed a complaint before the stantive written output of the in four of the six opinions he But there are misgivings that Canadian Judicial Council (CJC) nine judges in 2009, although it wrote last year, but perhaps little the ruling may produce a chilling over the attitude, conduct and should be borne in mind this is can be deduced from this since effect, prompting lawyers to think behavior of Quebec Superior Court merely a 12-month snapshot (see he only began sitting at the twice before voicing their concerns Justice Jean-Guy Boilard during a table on p. 27). beginning of 2009. about the legal system for fear of bail hearing. Justice Boilard, a dis- Looking at the opinions the Below is a thumbnail sketch being reprimanded by their law tinguished criminal-law specialist, individual judges wrote last year of each judge’s written output in society. has been chastised for his tenden- (as distinct from judgments they 2009 (with apologies for the “The ruling may lead to unease cy to use the bench unjustly to simply signed on to without unavoidable significant omis- and possibly trigger a chilling disparage counsel who appear comment) Chief Justice sions): effect because of the difficulties before him. McLachlin and Justice Charron See Judges Page 27 surrounding the appreciation over See Doré Page 3 [Keeping real estate transactions where they belong – in your office. ] At Stewart Title, it’s how we work that sets us apart. We deal in title insurance and related products, undertaking no part of the transaction that has traditionally fallen to lawyers/notaries. Since our inception into the Canadian market, you will find that we have consistently combined compre- hensive coverage with unparalleled support for lawyers/notaries. We are dedicated to streamlining your practice and increasing your revenue through our programs and innovative technology solutions. PUBLICATIONS MAIL AGREEMENT NO. 40065517 NO. MAIL AGREEMENT PUBLICATIONS At Stewart Title, we know it’s our relationship with our customers that determines our success. That’s why www.lawyersweekly.ca/subscribe service is the foundation of our business and integrity, the keystone in all our dealings. To subscribe to The Lawyers Weekly, visit Weekly, subscribe to The Lawyers To Call us today at (888) 667-5151 or visit www.stewart.ca. Untitled-2 1 9/24/2009 11:20:52 AM 2 | January 29, 2010 THE LAWYERS WEEKLY www.lawyersweekly.ca NEWS NS Barristers’ Society forecasts future LEGAL BRIEFS Accused polygamist sues for Continuing legal education must address broader issues, says group unlawful prosecution A man once accused of practising Scotia Barristers’ Society, said in “This is the first time the Then there are the challen- polygamy — the charges were sub- DONALEE MOULTON HALIFAX an interview. society has undertaken this ges facing the profession — sequently stayed — is suing the pro- Those issues were explored as comprehensive a consultation,” challenges that “affect lawyers’ vincial government for “unlawful” The future will be signifi- part of the “Futures Project”, said Pink. ability to practise successfully prosecution. cantly different for lawyers in established in late 2008 to Lawyers across the province and to feel good about what According to the statement of Nova Scotia. The provincial address questions surrounding as well as the public were asked they do,” according to the claim filed on behalf of Winston barristers’ society has released a long-term competence for the for their input. The latter, inter- Futures Project — Discussion Kaye Blackmore by lawyer Joseph discussion paper exploring what profession and to consider how estingly, identified one key area Paper. Arvay, former B.C. Attorney General lies ahead for lawyers for con- the practice of law should adapt for improvement. “The public Causing angst for lawyers is a Wally Oppal is alleged to have tinuing professional develop- to reflect the changing times. The told us lawyers need more help diverse array of issues. This “acted in a manner that was high ment and how to competently initiative also in communicating with their cli- includes polarization of legal handed, arbitrary, reckless, abusive, meet the challenges of a brave generated ents,” said Pink. services; conflict between law as improper and inconsistent with the new legal world. Nova Scotia’s The futures team identified a profession and law as a busi- Honour of the Crown and the “The issues facing lawyers first substan- key trends that are shaping the ness; intergenerational conflict; administration of justice.” individually and in firms go far tial research work and work-life of practising and lack of personal satisfac- Special prosecutor Terrance beyond what has traditionally into public lawyers today. Those trends fall tion. Other challenges identified Robertson, appointed on Oppal’s been included in continuing perceptions into four distinct categories: by the Futures Project run the instructions, decided to charge legal education,” Darrel Pink, of the legal demographic, technology, jus- gamut from “flattening of the Blackmore but the charge was executive director of the Nova Pink profession. tice and market. See Futures Page 28 quashed by a B.C. Supreme Court judge who held that an earlier deter- mination not to prosecute was final. CONTENTS The government elected not to Muslim man suffered discrimination appeal that ruling and instead NEWS breach of conduct needs asked the courts to determine re-examining ..............................10 CHIEF JUSTICE Beverley due to terrorism suspicion: B.C. court whether Canada’s polygamy law McLachlin led the SCC in more THE FEDS want the SCC’s opinion is constitutional. ways than one last year, reveals a on the constitutionality of a She said he continued working Lawyers Weekly analysis ..............1 national securities regulator .......19 GARY OAKES VICTORIA for the firm for another 18 months Legal relief for Haiti but problems arose between him LAWYERS CAN criticize the legal HOW THE amended Competition A judicial review has upheld a and management. He believed he In the aftermath of Haiti’s devas- system in writing, so long as it Act will impact trade finding that a Muslim man was was entitled to overtime compen- tating earthquake this month, the done with objectivity, moderation associations ..........................
Load more

Recommended publications
  • COURT JUSTICES, 1985-2013 Jean-Christophe Bédard-Rubin
    Paper prepared for the 2018 CPSA Annual Conference – Please do not cite nor circulate without permission HOW MUCH FRENCH DO THEY SPEAK ANYWAY? A BILINGUALISM INDEX FOR SUPREME COURT JUSTICES, 1985-2013 Jean-Christophe Bédard-Rubin & Tiago Rubin Draft paper prepared for the CPSA 2018 Annual Conference. Please do not cite nor circulate without permission. Mandatory bilingualism for Supreme Court judges tantalizes Canadian politics for at least ten years now. The advocates of judicial bilingualism have repeatedly tried (and failed) to enshrine into law the requirement for Supreme Court justices to be functionally bilingual, i.e. the ability to “read materials and understand oral argument without the need for translation or interpretation in French and English”. For them, integrating mandatory bilingualism as a legislative requirement in the appointment process is a panacea. Their opponents argue that language proficiency in French should not be a sine qua non condition for Supreme Court justiceship and that requiring it would prevent excellent candidates from being appointed. However, despite the fact that empirical statements abound on both sides, there is very little empirical evidence regarding the actual impact of unilingualism and bilingualism on Canadian judicial institutions and simply no evidence whatsoever about its impact on individual judges’ behavior. Building on our ongoing research on judicial bilingualism, in this paper we try to evaluate the level of bilingualism of individual justices. What our findings suggest is that the behavior of Francophone and Anglophone bilinguals is influenced by the linguistic competency of their colleagues. Our findings also suggest that some Anglophone justices that are deemed to be bilinguals do not behave very differently from their unilingual colleagues.
    [Show full text]
  • CCCC Attended Supreme Court of Canada Hearing on the Aga Case
    Table of Contents • CCCC attended Supreme Court of Canada hearing on the Aga case CCCC attended Supreme Court of Canada hearing on the Aga case Analysis of current issues involving law, religion, and society, led by Barry W. Bussey, Director of Legal Affairs. By Barry W. Bussey CCCC (09.12.2020) - https://bit.ly/3nlGTQl - CCCC’s Director of Legal Affairs, Barry W. Bussey, represented the CCCC at the Supreme Court of Canada’s virtual hearing today (Dec 9) in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral, et al. v. Teshome Aga, (39094). CCCC was granted the opportunity to intervene in the case, and to file a brief, but was not given time for oral argument. Brief fact summary Several members of the Ethiopian Orthodox Tewahedo Church St. Mary Cathedral were on a committee that investigated a movement within the congregation. The committee reported to Archbishop Dimetros that the movement was heretical. The committee recommended action, including purging of heretics. When Archbishop Dimetros did not follow their recommendations, the committee members were robust in their opposition – to the point that they were warned of church discipline. Finally, they were suspended from membership. In response, they then sued in court. The church in return asked for summary judgment to dismiss the lawsuit. The Ontario Superior Court of Justice agreed with the church and dismissed the disgruntled members’ lawsuit, noting that the courts have no jurisdiction to hear such cases. However, the members appealed to the Ontario Court of Appeal. The Court of Appeal stated that courts could hear the case because there was a contract between the members and the church.
    [Show full text]
  • Symposium:Jurocracy and Distrust:Reconsidering The
    User Name: Tyler Cooper Date and Time: Monday, May 20, 2019 6:05:00 PM EDT Job Number: 89258756 Document (1) 1. SYMPOSIUM:JUROCRACY AND DISTRUST:RECONSIDERING THE FEDERAL JUDICIAL APPOINTMENTS PROCESS:JUDICIAL SELECTION AND DEMOCRATIC THEORY: DEMAND, SUPPLY, AND LIFE TENURE, 26 Cardozo L. Rev. 579 Client/Matter: -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2019 LexisNexis Tyler Cooper SYMPOSIUM:JUROCRACY AND DISTRUST:RECONSIDERING THE FEDERAL JUDICIAL APPOINTMENTS PROCESS:JUDICIAL SELECTION AND DEMOCRATIC THEORY: DEMAND, SUPPLY, AND LIFE TENURE January, 2005 Reporter 26 Cardozo L. Rev. 579 * Length: 27441 words Author: Judith Resnik* * Arthur Liman Professor of Law, Yale Law School. © Judith Resnik 2005. This article stems from presentations at the Symposium, Jurocracy, at the Benjamin N. Cardozo School of Law in March of 2004 and at the Symposium, Judicial Appointments in a Free and Democratic Society, at the University of Toronto Law School in April of 2004, and builds on my articles "Uncle Sam Modernizes his Justice System": Inventing the District Courts of the Twentieth Century, 90 Geo. L.J. 607 (2002), Trial as Error, Jurisdiction as Injury: Transforming the Meaning of Article III, 113 Harv. L. Rev. 924 (2000), and Changing Criteria for Judging Judges, 84 Nw. U. L. Rev. 889 (1990), as well as on testimony that I submitted to subcommittees of the United States Senate and of the Canadian House of Commons on the topic of judicial nominations. I benefited from comments of other participants, the exchanges at these symposia and hearings, and from discussions with Seyla Benhabib and Deborah Hensler. My thanks to Joseph Blocher, Andrew Goldstein, Paige Herwig, Johanna Kalb, Alison Mackenzie, Jennifer Peresie, Bertrall Ross, Kirby Smith, Laura Smolowe, and Steven Wu for research assistance, to Gene Coakley for all his efforts to locate relevant materials, and to Denny Curtis, Vicki Jackson, Roy Mersky, Roberta Romano, and Albert Yoon for helpful comments on earlier drafts.
    [Show full text]
  • Allocution De La Juge Suzanne Côté : Réception De Bienvenue
    Allocution de la juge Suzanne Côté : Réception de bienvenue The judges of The Supreme Court of Les juges de La Cour suprême du Canada and the University of Ottawa’s Canada et la Faculté de droit de l’Uni- Faculty of Law have always maintained versité d’Ottawa ont toujours entretenu close personal and professional ties. It is d’étroites relations, tant personnelles tradition to hold a welcoming reception que professionnelles. La tradition veut for each newly appointed judge to the que l’on tienne une réception d’accueil Supreme Court of Canada. The Chief Jus- pour chaque juge nouvellement nommé tice and Puisne Judges of the Supreme à la Cour suprême du Canada. La juge Court of Canada, Deans of the Common en chef et les juges puînés de la Cour Law and Civil Law Sections, professors suprême du Canada, les doyennes des and students are invited to attend. In sections respectives de common law keeping with this tradition, the Faculty et de droit civil, le corps professoral et of Law celebrated on March 19th, 2015 the la population étudiante sont conviés à appointment of the Honourable Justice cette réception. Pour perpétuer cette Suzanne Côté. Here are her full remarks tradition, la Faculté de droit a célébré, le at this event. 19 mars 2015, la nomination de l’hono- rable juge Suzanne Côté. Voici la version intégrale de ses remarques lors de cet évènement. 283 Allocution de la juge Suzanne Côté : Réception de bienvenue Madame la Juge en chef, Chers collègues de la Cour suprême, Chers collègues des autres cours et tribunaux, Mesdames les Doyennes des sections de common law et de droit civil, Chers anciens confrères et consœurs du Barreau, Mesdames et Messieurs, C’est aveC beauCoup de plaisir que j’ai reçu l’invitation de Mesdames les Doyennes Des Rosiers1 et Lévesque2 d’assister à cette réception laquelle, me dit-on, s’inscrit dans une tradition maintenant bien ancrée de souhaiter 1 La doyenne Nathalie Des Rosiers a reçu sa licence en droit de l’Université de Montréal et a obtenu sa maitrise en droit de la Harvard Law School.
    [Show full text]
  • Judicial Review, a Comparative Perspective: Israel, Canada, and the United States
    Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Articles Faculty 2010 Judicial Review, a Comparative Perspective: Israel, Canada, and the United States Malvina Halberstam Benjamin N. Cardozo School of Law, [email protected] Follow this and additional works at: https://larc.cardozo.yu.edu/faculty-articles Part of the Law Commons Recommended Citation Malvina Halberstam, Judicial Review, a Comparative Perspective: Israel, Canada, and the United States, 31 Cardozo Law Review 2393 (2010). Available at: https://larc.cardozo.yu.edu/faculty-articles/68 This Article is brought to you for free and open access by the Faculty at LARC @ Cardozo Law. It has been accepted for inclusion in Articles by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. JUDICIAL REVIEW, A COMPARATIVE PERSPECTIVE: ISRAEL, CANADA, AND THE UNITED STATES INTRODUCTION Malvina Halberstam∗ On April 26, 2009, the Benjamin N. Cardozo School of Law hosted a roundtable discussion, Judicial Review, a Comparative Perspective: Israel, Canada, and the United States, with prominent jurists, statesmen, academics, and practicing attorneys.∗∗ The panel was comprised of Justice Morris Fish of the Canadian Supreme Court; Justice Elyakim Rubinstein of the Israeli Supreme Court; Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit; Hon. Irwin Cotler, a member of the Canadian Parliament and formerly Minister of Justice and Attorney General of Canada; Hon. Michael Eitan, a Minister in the government of Israel, a member of the Knesset (Israeli Parliament), and former chair of the Committee on the Constitution, Law and Justice; Professor Daniel Friedmann, formerly Minister of Justice of Israel, who proposed legislation to remedy what some view as serious problems with judicial review in Israel; Nathan Lewin, one of the most eminent attorneys in the United States, who has argued many cases before the U.S.
    [Show full text]
  • Special Series on the Federal Dimensions of Reforming the Supreme Court of Canada
    SPECIAL SERIES ON THE FEDERAL DIMENSIONS OF REFORMING THE SUPREME COURT OF CANADA The Supreme Court of Canada: A Chronology of Change Jonathan Aiello Institute of Intergovernmental Relations School of Policy Studies, Queen’s University SC Working Paper 2011 21 May 1869 Intent on there being a final court of appeal in Canada following the Bill for creation of a Supreme country’s inception in 1867, John A. Macdonald, along with Court is withdrawn statesmen Télesphore Fournier, Alexander Mackenzie and Edward Blake propose a bill to establish the Supreme Court of Canada. However, the bill is withdrawn due to staunch support for the existing system under which disappointed litigants could appeal the decisions of Canadian courts to the Judicial Committee of the Privy Council (JCPC) sitting in London. 18 March 1870 A second attempt at establishing a final court of appeal is again Second bill for creation of a thwarted by traditionalists and Conservative members of Parliament Supreme Court is withdrawn from Quebec, although this time the bill passed first reading in the House. 8 April 1875 The third attempt is successful, thanks largely to the efforts of the Third bill for creation of a same leaders - John A. Macdonald, Télesphore Fournier, Alexander Supreme Court passes Mackenzie and Edward Blake. Governor General Sir O’Grady Haly gives the Supreme Court Act royal assent on September 17th. 30 September 1875 The Honourable William Johnstone Ritchie, Samuel Henry Strong, The first five puisne justices Jean-Thomas Taschereau, Télesphore Fournier, and William are appointed to the Court Alexander Henry are appointed puisne judges to the Supreme Court of Canada.
    [Show full text]
  • The Quintessential Trusted Advisor
    « THE VOICE OF MONTREAL ENGLISH-SPEAKING LAWYERS » Vol.1, No 4 $4 The quintessential trusted advisor Me Monique Mercier, Executive Vice-President, Corporate Affairs, Chief Legal Officer and Corporate Secretary, TELUS Suzanne Côté appointed to the Supreme Court of Canada Cross-examination of plaintiffs lost-profits damages expert-Part 1 By Richard M.Wise of MNP Made in Court Supreme Court Decisions that shaped Canada By Richard W.Pound of Stikeman Elliott The Eternal Beauty of the Jewelry of Carl Fabergé By Olga Shevchenko, FGA — Certified Gemmologist The new covered terrace DISCOVER THE SINCLAIR WORLD DISCOVERY MENU | WINE PAIRING BUSINESS LUNCH | URBAN BRUNCH TAILORED CORPORATE EVENTS BANQUET HALL | WEDDINGS [email protected] | RESTAURANTSINCLAIR.COM 514 284.3332 | 414, RUE SAINT-SULPICE Monique Mercier, Executive Vice-President, Corporate Affairs, Chief Legal Officer and Corporate Secretary, TELUS “General Counsel Emeritus of the Year 2014” “The quintessential trusted advisor” By André Gagnon onique Mercier, a corporate lawyer who prac- ticed at Stikeman Elliott in Montreal, with Mfiscal law stars such as Guy Masson and Mau- rice Régnier who introduced her to intricate tax and corporate matters, moved to become General Counsel of Bell Canada International and later on Executive Vice- President of Legal Services of Emergis and TELUS. According to Norm Steinberg, Global Vice Chair and Chair- man –Canada of Norton Rose Fulbright, who knows Mo- nique well (and from whom we borrowed the phrase) “She is the quintessential trusted advisor.” Norm praised her Report that may be consulted at http://about.telus.com/ legal talents at a recent recognition dinner held in her investors/ammialreport2013/files/pdf/en/ar.pdf honour at the Montreal University Club.
    [Show full text]
  • Carissima Mathen*
    C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench.
    [Show full text]
  • The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, Is Pleased to Welcome Mr
    SUPREME COURT OF CANADA PRESS RELEASE OTTAWA, January 8,1998 -- The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, is pleased to welcome Mr. Justice Ian Binnie to the Court. He stated: “I am very pleased that in the legacy of our late colleague, John Sopinka, another member of the Court has been selected directly from the legal profession. It is important that this Court always be aware of the realities of the practising Bar so that we do not lose sight of the practical effect of our judgments. I am sure that Mr. Justice Binnie, who is counsel of the highest standing in the profession, will make a very valuable and lasting contribution to this Court.” Chief Justice Lamer spoke to Mr. Justice Binnie this morning to congratulate him on his appointment. Mr. Justice Binnie has indicated that he will be available to commence his duties at the Court as of the 26th of January. However, he will not be sitting that week, nor during the two following weeks as the Court is in recess, in order that he may prepare for the Quebec Reference case which will proceed, as scheduled, during the week of February 16th. Mr. Justice Binnie’s swearing-in will take place on February 2, 1998 at 11:00 a.m. in the main courtroom. Ref.: Mr. James O’Reilly Executive Legal Officer (613) 996-9296 COUR SUPRÊME DU CANADA COMMUNIQUÉ DE PRESSE OTTAWA, le 8 janvier 1998 -- Le très honorable Antonio Lamer, Juge en chef du Canada et de la Cour suprême du Canada, a le plaisir d’accueillir M.
    [Show full text]
  • Transgressing the Division of Powers: the Case of the James Bay and Northern Quebec Agreement
    Transgressing the Division of Powers: The Case of the James Bay and Northern Quebec Agreement Christa Scholtz and Maryna Polataiko Abstract In 1975, the Bourassa government received legal advice that the James Bay Northern Quebec Agreement exceeded provincial jurisdiction. Legal counsel advised the constitutionality of the Agreement be secured through formal constitutional amendment. No such amendment was sought. Based on authorized access to Premier Bourassa’s archived dossier on the Agreement’s negotiation, this article sets out the following: 1) why the provincial government sought to encroach on federal juris- diction; 2) the strategic means employed to insulate the Agreement from s. 91(24) litigation; and 3) provincial negotiators’ views on how judges would approach the Agreement going forward. This article confirms theoretical expectations about when governments might coordinate to transgress federalism’s division of powers: a high probability that courts would find a transgression occurred, and a high political cost should governments not coordinate on a transgression strategy. Keywords: federalism, James Bay and Northern Quebec Agreement, constitutional law, division of powers, judicial politics, bargaining Résumé En 1975, le gouvernement de Robert Bourassa a reçu un avis juridique qui stipulait que la Convention de la baie James et du Nord québécois transcendait les compétences provinciales. Le conseiller juridique a donc recommandé de garantir la constitutionnalité de cette Convention au moyen d’un amendement constitutionnel
    [Show full text]
  • For Immediate Release – June 19, 2020 the ADVOCATES' SOCIETY
    For immediate release – June 19, 2020 THE ADVOCATES’ SOCIETY ESTABLISHES THE MODERN ADVOCACY TASK FORCE The Advocates’ Society has established a Modern Advocacy Task Force to make recommendations for the reform of the Canadian justice system. The recommendations of the Task Force will seek to combine the best measures by which Canadian courts have adapted to the COVID-19 pandemic with other measures designed to ensure meaningful and substantive access to justice for the long term. The Advocates’ Society believes that permanent changes to our justice system require careful research, analysis, consultation, and deliberation. “This is a pivotal moment for the Canadian justice system,” said Guy Pratte, incoming President of The Advocates’ Society. “There is no doubt that we are learning a great deal from the changes to the system brought about by necessity during this crisis. We have a unique opportunity to reflect on this experience and use it to enhance the efficiency and quality of the justice system. We must do that while preserving the fundamental right of litigants to have their cases put forward in a meaningful and direct way before courts and other decision-makers.” The Task Force is composed of members of The Advocates’ Society from across the country. They will be guided by an advisory panel of some of the most respected jurists and counsel in our country. The Task Force’s mandate is to provide insight and analysis to assist in the modernization of the justice system. It will be informed by experience, jurisprudence and Canadian societal norms. The Task Force will offer recommendations designed to ensure that the Canadian legal system provides a sustainable, accessible and transparent system of justice in which litigants and the public have confidence.
    [Show full text]
  • Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
    The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there.
    [Show full text]