Nguyen v. Quebec and Suspended Declarations of Constitutional Invalidity
Based on the outcry from all sides of the political spectrum, it is no wonder that the Supreme Court of Canada took a middle-of-the-road approach in its decision in Nguyen...
Monthly Archive: October 2009
Amici Curiae: The American Emperor, Dead Laws and Dressing Sotomayor Edition
Sotomayor’s Sartorial Splendor The clothes make the justice, or so the White House seems to think, suggests Jennifer Forsyth over at the WSJ Law Blog. Justice Sonia Sotomayor, known for...
Canada v. Fischbacher: “Justice” Exceeding Its Boundaries?
With a ruling soon to come regarding Roman Polanski’s legal woes in Switzerland, the topic of extradition has once again grabbed the public’s attention. Closer to home, the Canadian Supreme...
Low Threshold for Crown’s Duty to Consult and Accommodate Aboriginal rights in Brokenhead Ojibway First Nation v. Canada
Canada recognizes and affirms existing Aboriginal and treaty rights in section 35(1) of the Constitution Act, 1982. The SCC, following this constitutional recognition, devised a jurisprudential regime setting out standards...
