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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Paper prepared for the 2018 CPSA Annual Conference – Please do not cite nor circulate without permission HOW MUCH FRENCH DO THEY SPEAK ANYWAY?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 Please do not cite nor circulate without permission.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. -
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. -
The Costs of Charter Litigation
The Costs of Charter Litigation Alan Young Research and Statistics Division May 3, 2016 Information contained in this publication or product may be reproduced, in part or in whole, and by any means, for personal or public non-commercial purposes, without charge or further permission, unless otherwise specified. You are asked to: exercise due diligence in ensuring the accuracy of the materials reproduced; indicate both the complete title of the materials reproduced, as well as the author organization; and indicate that the reproduction is a copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with or with the endorsement of the Government of Canada. Commercial reproduction and distribution is prohibited except with written permission from the Department of Justice Canada. For more information, please contact the Department of Justice Canada at: www.justice.gc.ca. © Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2017 ISBN 978-0-660-07504-4 Cat. No. J2-441/2017E-PDF The Costs of Charter Litigation Introduction The enactment of the Charter of Rights and Freedoms in 1982 fundamentally altered both the substance and form of constitutional review. In the first decade of Charter litigation, many novel claims were advanced and resolved, yet there still remained a great deal of confusion with respect to the scope of the substantive principles and the procedural mechanisms for raising and applying them. After 35 years, most of the relevant constitutional principles have been solidified and clarified, as have the guidelines on the procedures for mounting a constitutional challenge. -
Year in Review
2 0 Year in Review 1Supreme 9 Court of Canada Cour suprême du Canada Find the Visit our Like us on Follow us on Supreme website at Facebook at Twitter at scc-csc.ca facebook.com/ twitter.com/SCC_eng Court of Supreme Canada CourtofCanada online! This was the very first photo ever taken of the current judges together. It was taken in the library of the Winnipeg Law Courts on September 23, 2019. © Supreme Court of Canada (2020) Front cover: Grand Hall, Supreme Court of Canada All photos (except pages 8-9, bottom photo on page 16, left-hand photos on page 17, and page 18): Supreme Court of Canada Collection Photo credits: Pages 4-5: Justices Abella and Côté – Philippe Landreville, photographer | Justice Karakatsanis – Jessica Deeks Photography | Justices Gascon, Brown, and Rowe – Andrew Balfour Photography Page 7: Cochrane Photography Page 8-9: True North Sports + Entertainment The Supreme Court of Canada emblem is a symbol of the Court as the highest judicial Page 16: Senate of Canada institution in Canada. It was designed nearly a century ago by the Page 17 - left side, top: Supreme Court of the United Kingdom distinguished Montreal architect Ernest Cormier, and can be found emblazoned Page 17 - left side, bottom: Embassy of Canada to Japan in the marble floor of the Court’s Grand Hall leading to the Main Courtroom. Page 18: Shannon VanRaes/Winnipeg Free Press As its emblem, it represents the Court’s key values of justice, independence, integrity, ISSN 2562-4776 (Online) transparency, and bilingualism. A Message from the Chief Justice When I became Chief Justice just over two years ago, I committed to making the Court more open and understandable, and to enhancing access to justice for everyone. -
Year in Review Supreme Court of Canada Cour Suprême Du Canada Find the Supreme Court of Canada Online
2020Year in Review Supreme Court of Canada Cour suprême du Canada Find the Supreme Court of Canada online Like us on Facebook Follow us on Twitter Visit our website at SupremeCourtofCanada @SCC_eng www.scc-csc.ca Current bench of the Supreme Court of Canada Photo credits: All photos (except photo on page 9): Supreme Court of Canada Collection Page 3: Cochrane Photography Page 9: Speech from the Throne – PMO-CPM Pages 10 and 11: Justices Abella and Côté – Philippe Landreville, photographer | Justice Karakatsanis – Jessica Deeks Photography | Justices Brown and Rowe – Andrew Balfour Photography The Supreme Court of Canada emblem is a symbol of the Court as Page 28: Justices Brown, Abella et Kasirer – the highest judicial institution in Canada. It was designed nearly Justice Andromache Karakatsanis a century ago by the distinguished Montreal architect Ernest Supreme CourtSupreme Canada of Cormier, and can be found emblazoned in the marble floor of the Court’s Grand Hall leading to the Main Courtroom. © Supreme Court of Canada (2021) The emblem represents the Court’s key values of justice, ISSN 2562-4776 (Print) independence, integrity, transparency and bilingualism. Message from the Chief Justice Along with millions of Canadians in 2020, the Supreme Court of Canada found innovative ways to pivot, adapt and persevere through a global pandemic. Our dedicated employees introduced new technologies, streamlined processes and implemented protocols in collaboration with public health authorities to ensure everyone’s safety and health while serving Canadians. I am proud of the Court’s agility and commitment to maintain access to justice throughout a devastating public health crisis. -
COURT of APPEAL for ONTARIO CATZMAN, CHARRON And
DATE: 20000731 DOCKET: C28066 COURT OF APPEAL FOR ONTARIO CATZMAN, CHARRON and ROSENBERG JJ.A. B E T W E E N : ) ) Alan Young and HER MAJESTY THE QUEEN ) Paul Burstein, ) for the appellant Respondent ) ) - and - ) Morris Pistyner and ) Kevin Wilson, CHRISTOPHER CLAY ) for the respondent ) Applicant/ ) Appellant ) ) Heard: October 6, 7 and 8, 1999 ) On appeal from his conviction by Mr. Justice J. F. McCart, sitting without a jury, on August 14, 1997 ROSENBERG J.A.: [1] This is one of two appeals heard by this court concerning the constitutionality of the marihuana prohibition in the former Narcotic Control Act, R.S.C. 1985, c. N-1 and the Controlled Drugs and Substances Act, S.C. 1996, c. 19.1 The Crown appeal in R. v. Parker concerns the medical use of marihuana. This appeal centres primarily on the use of the criminal law power to penalize the possession of marihuana. [2] The appellant owned a store called “The Great Canadian Hemporium”. In addition to selling items such as hemp products, marihuana logos and pipes, the appellant sold small marihuana plant seedlings from his store. The appellant is an active advocate for the decriminalization of marihuana. The appellant does not require marihuana for any 1 In 1997, the Narcotic Control Act was repealed by the Controlled Drugs and Substances Act, S.C. 1996, c. 19. Page: 2 personal medical reason although he did sell marihuana cuttings from his store to persons who did. [3] An undercover police officer bought a small marihuana cutting at the store. The police also seized marihuana cuttings and a small amount of marihuana when they executed search warrants at the appellant’s store and home. -
The Pitfalls of Métis Renaissance Since the 1970S
Ursula Lehmkuhl Paradoxes of Resistance and Resilience: The Pitfalls of Métis Renaissance since the 1970s TransCanadiana 8, 52-72 2016 Ursula Lehmkuhl University of Trier PARADOXES OF RESISTANCE AND RESILIENCE: THE PITFALLS OF MÉTIS RENAISSANCE SINCE THE 1970S Abstract On March 8, 2013, the Supreme Court of Canada published its decision on the case Manitoba Metis Federation Inc. v. Canada, according to which the Canadian government recognized the rights of the Métis to negotiate about their claims resulting from the treaty Louis Riel had established with the Crown in the context of the 1870 Manitoba Act. The Supreme Court ruled that the Crown by not fulfilling its promises under the Manitoba Act had breached its honour to the Métis. In addition, the Supreme Court recognized the Manitoba Métis Federation as a body representing the Métis as a “nation.” The court decision has been characterized as a turning point in the history of Canada and, more specifically, the history of Canadian Métis. With this paper, I will present some preliminary interpretations of this historic event and answer the following questions: What are the underlying normative and ideational concepts that inform the court decision? How can the decision be historically situated in the century-long history of Métis resistance and resilience? And to what extent and in which regard did the court decision change the situation of the Métis? Résumé Le 8 mars 2013, la Cour suprême du Canada a publié sa décision sur le cas du Manitoba Metis Federation Inc. c. Canada, selon laquelle le gouvernement du Canada a reconnu les droits des Métis à négocier au sujet de leurs réclamations résultant du traité Louis Riel, établi avec la Couronne dans le cadre de la Loi 1870 sur le Manitoba. -
Street Checks and Canadian Youth: a Critical Legal Analysis
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Saskatchewan's Research Archive STREET CHECKS AND CANADIAN YOUTH: A CRITICAL LEGAL ANALYSIS A Thesis Submitted to the College of Graduate and Postdoctoral Studies In Partial Fulfillment of the Requirements For the Degree of Master of Laws In the College of Law University of Saskatchewan Saskatoon By CHRISTINA ABBOTT © Copyright Christina Marion Abbott, September 2017. All rights reserved. Permission to Use In presenting this thesis/dissertation in partial fulfillment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis/dissertation in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis/dissertation work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis/dissertation or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis/dissertation. Requests for permission to copy or to make other uses of materials in this thesis/dissertation in whole or part should be -
Factum of the Interveners — Bedford V. Canada
Court File No: 34788 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) B E T W E E N: ATTORNEY GENERAL OF CANADA ATTORNEY GENERAL OF ONTARIO Appellants (Respondents on Cross-Appeal) - and - TERRI JEAN BEDFORD, AMY LEBOVITCH and VALERIE SCOTT Respondents (Appellants on Cross-Appeal) - and - ATTORNEY GENERAL OF QUEBEC ATTORNEY GENERAL OF BRITISH COLUMBIA Interveners FACTUM OF THE INTERVENERS CANADIAN HIV/AIDS LEGAL NETWORK, BRITISH COLUMBIA CENTRE FOR EXCELLENCE IN HIV/AIDS and HIV & AIDS LEGAL CLINIC ONTARIO (Pursuant to Rules 37 and 42 the Rules of the Supreme Court of Canada ) Jonathan Shime Marie-France Major Megan Schwartzentruber Supreme Advocacy LLP Cooper Sandler Shime & Bergman LLP 397 Gladstone Ave, Suite 100 439 University Avenue, Suite 1900 Ottawa, Ontario K2P 0Y9 Toronto, Ontario M5G 1Y8 T: 613-695-8855 T: 416-585-9191 F: 613-695-8580 F: 416-408-2372 e-mail: [email protected] e-mail: [email protected] Agent for the interveners, Renée Lang Canadian HIV/AIDS Legal Network, Ryan Peck British Columbia Centre for Excellence in HIV & AIDS Legal Clinic Ontario HIV/AIDS and HIV & AIDS Legal Clinic 65 Wellesley Street East, Suite 400 Ontario Toronto, Ontario M4Y 1G7 T: 416-340-7790 F: 416-340-7248 e-mail: [email protected] Richard Elliott Canadian HIV/AIDS Legal Network 1240 Bay Street, Suite 600 Toronto, Ontario M5R 2A7 T: 416-595-1666 F: 416-595-0094 e-mail: [email protected] Counsel for the interveners, Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario ORIGINAL TO: THE REGISTRAR OF THIS COURT COPIES TO: Michael H. -
Medical Marijuana
MEDICAL MARIJUANA DATE: 20020117 DOCKET:C34280 COURT OF APPEAL FOR ONTARIO LASKIN, ROSENBERG AND MACPHERSON JJ.A. B E T W E E N: ) ) Alan Young, Louis Sokolov and Laurel Baig, for the appellant JAMES WAKEFORD ) ) Appellant ) ) - and - ) ) HER MAJESTY THE QUEEN ) Roslyn J. Levine Q.C. and (IN THE RIGHT OF CANADA) ) Lara M. Speirs, for the respondent ) Respondent ) ) ) HEARD: March 2, 2001 ) Additional written submissions: ) November 5, 2001 On appeal from the judgment of Justice Blenus Wright dated May 1, 2000. ROSENBERG and MACPHERSON JJ.A.: [1] The appellant suffers from AIDS and requires marihuana for medicinal purposes to combat wasting syndrome and chemotherapy-induced nausea. For years, the appellant has fought for the right to possess marihuana legally. He believes that officials in the federal Ministry of Health have not been sufficiently attentive to his need for this medication. After an application to LaForme J., which resulted in an order for a temporary constitutional exemption from the operation of the possession and cultivation provisions of the Controlled Drugs and Substances Act, the Minister of Health gave the appellant an exemption under s. 56 of the Act. The appellant is not satisfied with this exemption. He believes it is too narrow because it does not exempt his caregivers from liability. He also believes that the federal government has a duty to make medicinal marihuana available to him, and other very sick people, and that the government is dragging its feet. [2] Accordingly, the appellant applied to the Superior Court of Justice for a declaration that his rights under s. -
Legal Proceedings Available to Individuals Before the Highest Courts: a Comparative Law Perspective
Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective Canada STUDY EPRS | European Parliamentary Research Service Comparative Law Library Unit October 2017 - PE 608.733 LEGAL PROCEEDINGS AVAILABLE TO INDIVIDUALS BEFORE THE HIGHEST COURTS: A COMPARATIVE LAW PERSPECTIVE Canada STUDY October 2017 Abstract This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. -
Diversity, Transparency & Inclusion in Canada's Judiciary
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 12-2016 Diversity, Transparency & Inclusion in Canada’s Judiciary Samreen Beg Source Publication: Debating Judicial Appointments in an Age of Diversity, Graham Gee and Erika Rackley (eds.) Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Judges Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Beg, Samreen and Lorne Sossin. "Diversity, Transparency & Inclusion in Canada’s Judiciary." In Debating Judicial Appointments in an Age of Diversity, eds. Graham Gee and Erika Rackley (London: Routledge 2017) This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Diversity, Transparency & Inclusion in Canada’s Judiciary Samreen Beg and Lorne Sossin Introduction “Of 100 new federally appointed judges 98 are white, Globe finds”.1 This arresting headline from the Globe and Mail in 2012 created waves in the legal community and beyond. While it was known that the Canadian judiciary – particularly federal judicial appointments2 – suffered from problems related to diversity and inclusion, the extent of the problem had not been explicitly laid out before. The headline and report that followed not only highlighted the fact that the judiciary was not seeing any progress with respect to representation, but was actually regressing from gains that had been made in previous years. Canada is one of the most culturally, ethnically, religiously and linguistically diverse countries in the world.