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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. -
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. -
3. the Montreal Jewish Community and the Holocaust by Max Beer
Curr Psychol DOI 10.1007/s12144-007-9017-3 The Montreal Jewish Community and the Holocaust Max Beer # Springer Science + Business Media, LLC 2007 Abstract In 1993 Hitler and the Nazi party came to power in Germany. At the same time, in Canada in general and in Montreal in particular, anti-Semitism was becoming more widespread. The Canadian Jewish Congress, as a result of the growing tension in Europe and the increase in anti-Semitism at home, was reborn in 1934 and became the authoritative voice of Canadian Jewry. During World War II the Nazis embarked on a campaign that resulted in the systematic extermination of millions of Jews. This article focuses on the Montreal Jewish community, its leadership, and their response to the fate of European Jewry. The study pays particular attention to the Canadian Jewish Congress which influenced the outlook of the community and its subsequent actions. As the war progressed, loyalty to Canada and support for the war effort became the overriding issues for the community and the leadership and concern for their European brethren faded into the background. Keywords Anti-Semitism . Holocaust . Montreal . Quebec . Canada . Bronfman . Uptowners . Downtowners . Congress . Caiserman The 1930s, with the devastating worldwide economic depression and the emergence of Nazism in Germany, set the stage for a war that would result in tens of millions of deaths and the mass extermination of Europe’s Jews. The decade marked a complete stoppage of Jewish immigration to Canada, an increase in anti-Semitism on the North American continent, and the revival of the Canadian Jewish Congress as the voice for the Canadian Jewish community. -
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. -
Amazon Selling Nazi T-Shirts – Copy
)''/ <J *,' >F EFIK?N<JK KF;8P% Salute to Israel on its 60th Anniversary. C<8J< 8GI C<8J< =FI N<CC <HL@GG<; 8K ! G<I DFEK? *%0 *+/ LG KF +/ DFJ% *0#0'' ;FNE G8PD<EK/#//* 8;ALJK<;8DFLEK*''' Efik_n\jk C\olj n\cZfd\j D`Z_X\c >fc[Y\i^ kf k_\ k\Xd )''/<J*,'*%,C).)_gM-<e^`e\-$jg\\[Jlg\i<c\Zkife`$ 0', +0+$(''' ZXccp :fekifcc\[ KiXejd`jj`fe M\_`Zc\JkXY`c`kp :fekifc KiXZk`fe :fekXZk1 D`Z_X\c >fc[Y\i^ :\cc1 +(- -(.$+)+* nnn%efik_n\jkc\olj%Zfd :fekifc / X`iYX^j Gfn\i X[aljkXYc\ _\Xk\[ c\Xk_\i ]ifek j\Xkj >\e\iXc JXc\j DXeX^\i <dX`c1 d^fc[Y\i^7efik_n\jkc\olj%Zfd DJIG _Xj Y\\e i\[lZ\[ Yp *''' Xe[ `j efn *0#0'' ]fi X e\n C\olj )''/ <J *,'% (#./' ]i\`^_k&G;@# kXo\j# c`Z\ej\# i\^`jkiXk`fe Xe[ `ejliXeZ\ Xi\ \okiX% !C\Xj\ Xe[ ÔeXeZ\ f]]\ij gifm`[\[ k_ifl^_ C\olj =`eXeZ`Xc J\im`Z\j# fe Xggifm\[ Zi\[`k% C\Xj\ \oXdgc\ YXj\[ fe X +/ dfek_ k\id Xk *%0 8GI% Dfek_cp gXpd\ek `j *+/ n`k_ ))/' Hl\\e Jki\\k <Xjk# 9iXdgkfe# FE /#//* [fne gXpd\ek fi \hl`mXc\ek kiX[\ `e# (#./' ]i\`^_k&G;@# ' j\Zli`kp [\gfj`k Xe[ Ôijk dfek_cp gXpd\ek [l\ Xk c\Xj\ `eZ\gk`fe% KXo\j# c`Z\ej\# i\^`jkiXk`fe Xe[ `ejliXeZ\ Xi\ \okiX% -'#''' b`cfd\ki\ XccfnXeZ\2 Z_Xi^\ f] '%)'&bd ]fi \oZ\jj b`cfd\ki\j% Jfd\ Zfe[`k`fej&i\jki`Zk`fej Xggcp%j\ j\\ pfli C\olj [\Xc\i ]fi Zfdgc\k\ [\kX`cj% May 8, 2008 / Iyyar 3, 5768 Publication Mail Agreement #40011766 STEELES MEMORIAL CHAPEL Your Community Chapel since 1927 Congratulations to the S tate of Israel 905-881-6003 Circulation 62,530 Largest Jewish Weekly in Canada www.steeles.org TRIBUNE CALL GETS ‘HITLER’ T-SHIRTS OFF WEB By Wendy B. -
Diversifying the Bar: Lawyers Make History Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arran
■ Diversifying the bar: lawyers make history Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present Click here to download Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 1: 1797 to 1941 For each lawyer, this document offers some or all of the following information: name gender year and place of birth, and year of death where applicable year called to the bar in Ontario (and/or, until 1889, the year admitted to the courts as a solicitor; from 1889, all lawyers admitted to practice were admitted as both barristers and solicitors, and all were called to the bar) whether appointed K.C. or Q.C. name of diverse community or heritage biographical notes name of nominating person or organization if relevant sources used in preparing the biography (note: living lawyers provided or edited and approved their own biographies including the names of their community or heritage) suggestions for further reading, and photo where available. The biographies are ordered chronologically, by year called to the bar, then alphabetically by last name. To reach a particular period, click on the following links: 1941-1950, 1951-1960, 1961-1970, 1971-1980, 1981-1990, 1991-2000, 2001-. To download the biographies of lawyers called to the bar before 1941, please click Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present For more information on the project, including the set of biographies arranged by diverse community rather than by year of call, please click here for the Diversifying the Bar: Lawyers Make History home page. -
Gender Equality I
Gender EqualityI.,. ,!Sa*=fl q J$ * ."" &,j & ;"<$$p "" !:A"- %* BY MICHELLE FALARDEAU-RAMSAY, Q.C, Pour montrer I'Pvolution des droits a I'PgalitP, lkuteure the future." In the early years of Confederation, women utilise, h commencer par les '5fameuses"du cas Personne en faced severe discrimination under the law and were sys- 1929, la tradition chez les Canadiennes, de se seruir du tematically excluded from the judicial system. Certain systi.me judiciaire incluant les tribunaux administratifj. criminal laws, such as infanticide, applied only to women, and different punishments for crimes were meted out When I graduated from law school in the late '50s, I was depending on the sex of the offender. Family law, under one of only six women in a class of 200. I was asked at the both civil law in Quebec and common law in other parts time, on more than one occasion, whether I was studying. - of Canada, treated women entirely as dependents. For law because I wanted to marry a lawyer, a question that example, a husband's permission was necessary for a wife would be inconceivable today. The first time I appeared in to engage in business, or even to administer or sell prop- court on behalf of a client, I was asked by a colleague erty which she had owned before marriage. whether I would cry if I lost the case. And I remember one Nor could women have any influence over the laws that occasion in the Montreal courthouse when three male affected them. Women could not vote or hold public colleagues stood guard while I used the men's washroom, office, and it was not until 1897 that the first woman- because it had not occurred to anyone to put aladies' room Clara Brett Martin-was admitted to the Bar of a Cana- in the area reserved for lawyers. -
Precedent Unbound? Contemporary Approaches to Precedent in Canada
The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2007 Precedent Unbound? Contemporary Approaches to Precedent in Canada Debra Parkes Allard School of Law at the University of British Columbia, [email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Courts Commons Citation Details Debra Parkes, "Precedent Unbound? Contemporary Approaches to Precedent in Canada" ([forthcoming in 2007]) 32:1 Man LJ 135. This Working Paper is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Page 1 TITLE: Precedent Unbound? Contemporary Approaches to Precedent in Canada AUTHOR: Debra Parkes SOURCE: Manitoba Law Journal CITED: (2007) 32 Man. L.J. 135 - 162 1 Stare decisis is an abbreviation of the Latin phrase stare decisis et non quieta movere, and may be translated as "to stand by decisions and not to disturb settled matters."1 In Gulliver's Travels, the English satirist Johnathan Swift had Gulliver say: It is a maxim among these lawyers, that whatever hath been done before, may le- gally be done again: and therefore they take special care to record all the deci- sions formerly made against common justice and the general reason of mankind. These under the name of precedents, they produce as authorities, to justify the most iniquitous opinions; and the judges never fail of decreeing accordingly.2 While the notion that Canadian appellate judges slavishly adhere to outdated precedent in a manner contrary to "common justice and the general re ason of mankind" does not accurately describe the current reality, there remains a lively and important debate about the functions, values and limits of "abiding by things decided" in common law systems.3 In this vein, Justices Steel and Freedman in the recent R. -
Canadian Judicial Nomination Processes and the Press: ‘Interesting, in a Sleepy Sort of Way’
Oñati Socio-legal Series, v. 4, n. 4 (2014) – Law in the Age of Media Logic ISSN: 2079-5971 Canadian Judicial Nomination Processes and the Press: ‘Interesting, in a Sleepy Sort of Way’ ∗ DAVID SCHNEIDERMAN Schneiderman, D., 2014. Canadian Judicial Nomination Processes and the Press: ‘Interesting, in a Sleepy Sort of Way’. Oñati Socio-legal Series [online], 4 (4), 685-708. Available from: http://ssrn.com/abstract=2511239 Abstract Most of the recent appointees to the Supreme Court of Canada have participated in a new Canadian judicial nomination process initiated by the current Conservative government. As originally formulated in early policy platforms, the process was intended to mimic features of US Senate judicial confirmation hearings and so would highlight the distinction (popular in US political discourse) between ‘applying’ and ‘making’ law. This led to widespread fears that any new public process would politicize judicial appointments and functions at the Supreme Court. The process turned out to be much more tepid than anticipated and so raises questions about what Canadians may have learned as a consequence of this new nomination process. This paper undertakes a qualitative analysis of reporting of four nomination processes from a select number of Canadian newspapers. The main object is to determine the degree to which readers might have been alerted to the distinction between law and politics or, put another way, between judicial activism and restraint. It turns out that this framing was not dominant in the coverage and that, instead, distinctive Canadian political preoccupations, like language politics, got channeled through this new political opportunity structure. -
Monday, April 27 Tuesday, April 28
The Berkeley Institute for Jewish Law and Israel Studies and the Center for Jewish Studies, UC Berkeley present Monday, April 27 at The Magnes Collection of Jewish Art and Life 5:30 PM Reception 6:15 - 7:00 PM Film Screening – Nuremberg: Its Lesson for Today 7:00 - 8:00 PM Q & A with SANDRA SCHULBERG, filmmaker and producer, RICHARD BUXBAUM, Professor of Law, UC Berkeley School of Law, SAIRA MOHAMED, Asst. Professor of Law, UC Berkeley School of Law -------------------------------------------------------------------------------------------------------------- Tuesday, April 28 at the Bancroft Hotel 8:30 AM Breakfast 9:00 AM Welcome KENNETH BaMBERGER, Professor of Law, UC Berkeley School of Law; Director, Institute for Jewish Law and Israel Studies; and John Efron, Koret Professor of history, UC Berkeley 9:15AM -10:45 AM Panel I – Nuremberg as Legal and Historical Precedent MODERATOR ANDREA SINN, the DAAD-Professor for German history, UC Berkeley SPEAKERS MICHAEL MARRUS, Senior fellow of Massey College and the Chancellor rose and ray Wolfe Professor Emeritus of holocaust Studies, University of Toronto Nuremberg’s Forgotten Origins: International Humanitarian Law MICHAEL BaZYLER, Professor of Law, fowler School of Law, Chapman University, 1939 Society Law Scholar in holocaust and human rights Studies The Nuremberg Trials and the Birth of Modern International Law 10:45 AM Coffee Break 11:00 AM – 1:00 pM Panel II – Where Were the Jews at Nuremberg?: Rethinking the Roles of Victims and Perpetrators in Trials of the Holocaust MODERATOR John Efron, -
A Retrospective on the Abella Commission and Employment Equity
25 Years After: A Retrospective on the Abella Commission and Employment Equity Stuck in the Mud: Why Canada Can't Deal With Systemic Discrimination Against Women Shelagh Day Carleton University May 2009 The thesis of this talk is that whether we achieve equality for women turns on whether governments agree that they have a positive role to play as a redistributor of opportunities and resources. During the last 50 years we have witnessed first a solid acknowledgement of the significance of government’s role in creating equality in Canadian society through laws and programs, and then a repudiation of that role, a turn towards an Americanized view that government is always bad, and government intervention in so-called private sphere of the market and the family to correct discrimination is, by definition, abusive. There are many articulations of this latter position, but a recent one is Thomas Flanagan’s op ed piece in the last week’s Globe and Mail. Flanagan says that the very existence of human rights commissions is an abuse. They enforce anti-discrimination laws, not real rights like freedom of speech and worship and ownership of property. And the market should be allowed to take care of discrimination without government interference. Discrimination undermines competition, since it reduces the available pool of talent, and although competitive markets may not immediately abolish discriminatory practices, they tend to erode them over time by making discrimination unprofitable. For the proposition that the market will – over time – take care of discrimination on its own, Mr. Flanagan offers no evidence. Nor does he offer any explanation for why, if markets are self-correcting, this late in human history, discrimination has not yet disappeared. -
In Our Community
VOLUME 3, #2 FEBRUARY 2016 In Our Community FROM CHAIR STEVEN SHAFIR dmonton’s Local Partner Cabinet The LPC, in con- E(LPC) of the Centre for Israel and junction with Jewish Jewish Affairs is the Advocacy Committee communities across of the Jewish Federation of Edmonton. the country, has The committee has not met frequently been bringing the over the past year, but has taken on issue of genetic dis- some very important tasks on behalf of crimination to the the Jewish community. The LPC was governments of each very busy this year in welcoming both of the provinces as the new Federal and Provincial govern- well as the Federal ments. We met, on behalf of both CIJA Government. It is and the Jewish Federation of Edmonton, our hope that we can Community Relations Chair Steve Shafir with politicians. with various government representatives move forward togeth- and introduced them to the community. er with Alberta’s government to intro- tion forward. We helped co-ordinate a wine and cheese duce legislation prohibiting insurance In addition to everything set out above, with the new Provincial Government in companies from discriminating against the LPC has been active in responding to co-ordination with the Calgary Jewish individuals on the basis of their genetics. anti-Israel sentiment in local media. We Federation, CIJA National and CJPAC. It To this extent, the committee has met have been very lucky over the past year was well attended by both government with members of various ministries and in that there has been very little activity and opposition MLAs.