Globe and Mail op-ed: Judge in hijab ruling is the real face of judicial activism

Tweet Pleased to share my latest op-ed in the Globe and Mail, dealing with a bizarre case where a Montreal provincial court judge refused to hear the case of a woman wearing a headscarf (hijab).  I thought the controversy provided a neat counterpoint to conventional arguments about judicial activism, and so that was my hook. Link ...

CTV Power Play: Supreme Court strikes down FINTRAC regime’s application to lawyers

Tweet On Friday, February 13, the Supreme Court of Canada unanimously struck down portions of the Proceeds of Crime and Terrorist Financing Act as contrary to section 8 of the Charter as it applies to lawyers.  Five of seven justices found, further, that the regime violates section 7 of the Charter and they identified a ...

Carter: The Supreme Court issues a momentous decision on assisted suicide

Tweet On February 6, 2015, the Supreme Court issued a unanimous, per curiam opinion finding the criminal law against assisted suicide (section 241 of the Criminal Code)  unconstitutional.  Reversing its 1993 judgment in R. v. Rodriguez, the Court held that the law violates the life, liberty and security of the person interests guaranteed under section 7 of the Charter; that the law ...

Interview with CBC 180 on SCC appointments

Tweet Amidst all the froth and fury over the appointment of Suzanne Cote to the Supreme Court – in particular, the Harper government’s return to a more conventional process – I sound a cautionary note about the clamouring for greater transparency.  Hear why in this interview with journalist Jim Brown.  What can I say – I like ...

CTV Power Play Interview: The Newest Supreme Court Justice

Tweet On Thursday, November 27, 2014 Prime Minister Stephen Harper appointed prominent Quebec lawyer Suzanne Cote to the Supreme Court to replace retiring Justice Louis LeBel (who left the Court on November 30).  The appointment was a bit of a surprise, especially since Cote is a pratictioner who has never before been a judge.  The ...

Toronto Star op ed on assisted suicide – October 13, 2014

Tweet On October 15, 2014, the Supreme Court heard a historic appeal on the controversial and complex issue of assisted suicide.  At issue is whether the outright criminal ban on the practice violates the Charter of Rights.  The week of the hearing – which I attended and live-tweeted – I published an op-ed in the Toronto ...

Supreme Court Shocker – Marc Nadon Ineligible

Tweet On Friday, March 21, the Supreme Court of Canada issued a stunning opinion in the six-month saga of stalled appointee Marc Nadon.  Nadon, a Quebecer who served on the Federal Court of Appeal, was the Prime Minister’s choice to succeed retired Justice Morris Fish.  This was the first time that a judge who was neither ...