The Supreme Court’s Engagement with s. 2(a) The Supreme Court of Canada’s recent ruling in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37, has already inspired much critical commentary, both in the mainstream media and on TheCourt.ca because of its atypically distressing outcome for rights claimants and dubious appraisal in a popular newspaper. [...]

President Obama Announces His Nominee Just two weeks ago for TheCourt.ca, and by way of a review of the outstanding biography Judging Bertha Wilson: Law as Large as Life, I articulated my defence of President Obama’s declaration to replace retired U.S. Supreme Court Justice David Souter with an “empathetic” person. Less than one week ago, [...]

Introducing Justice Wilson As anticipation mounts surrounding President Obama’s potential replacement of retiring U.S. Supreme Court Justice David Souter with a female or minority candidate, we have cause to reflect on the increasing diversity of the Canadian judiciary, and specifically, the extraordinary life of one of our own former justices – Bertha Wilson – the [...]

This statement summarizes the personal attitude that Prime Minister Stephen Harper takes on “the abortion issue.” This was during the 2006 election campaign, at a time when the Liberals raised alarm over the Conservatives’ position on abortion. Again, in 2008, with a minority government reportedly at the brink of dissolution, Canadians are witnessing the same [...]

Both spent the better part of their lives in the limelight, and were recently adorned with the highest honor of the land. But among a transatlantic community of common roots, one courted controversy and faced government persecution, while the other wallowed in constant public praise and state adoration. This month, Canadian physician and abortion advocate [...]

When Mildred Loving died on May 2nd, she left behind one of the landmark cases in 20th-century common law. Loving v. Virginia 388 U.S. 1 affirmed the Equal Protection Clause contained within the 14th Amendment of the United States Constitution, and struck a blow against bigotry and legally enshrined racism. Beyond its importance in the [...]

On January 28, 1988, the Supreme Court handed down its landmark decision in R. v. Morgentaler, [1988] 1 S.C.R. 30. To mark this month’s twentieth anniversary, TheCourt.ca caught up with one of the accused in the case, Dr. Henry Morgentaler. The following is drawn from an email exchange with Dr. Morgentaler. TheCourt.ca: What do you [...]

On January 28, 1988, the Supreme Court handed down its landmark judgment in R. v. Morgentaler. To mark this month’s twentieth anniversary, The Court.ca has commissioned contributions from some of those involved in the case. Today, journalist and former National Action Committee on the Status of Women president Judy Rebick describes how the ruling was [...]