Brother, can you spare 6-months? Is this what Charter ‘dialogue theory’ has become?

  Now that the Supreme Court of Canada (SCC) has ruled on the request by the Trudeau government to seek a 6-month extension to comply with Carter v. Canada (Carter II), and the Trudeau government has accepted the court order without reservation, what does the ruling say about the SCC and the Trudeau government, as… Read More Brother, can you spare 6-months? Is this what Charter ‘dialogue theory’ has become?

Carter v. Canada and why the Constitution – and Parliament – would benefit from the occasional use of section 33, the Charter’s override provision

In Carter v. Canada, the Supreme Court of Canada (SCC) declared the provisions of the Criminal Code that restricted physician-assisted suicide unconstitutional as a violation of life, liberty and security of the person protected under section 7 of the Charter of Rights. As a remedy for this unconstitutional violation, the SCC suspended the force of… Read More Carter v. Canada and why the Constitution – and Parliament – would benefit from the occasional use of section 33, the Charter’s override provision

The Parliament of Canada and the Charter of Rights: The Need to Establish a Joint Scrutiny Committee on Human Rights

The mandate letter issued to the Leader of the Government in the House of Commons by Prime Minister Trudeau calls for ‘Strengthened Parliamentary committees so that they can better scrutinize legislation.’ The mandate letter elaborates on this, and calls for parliamentary committees to be properly staffed to allow for ‘non-partisan research’ as well as ‘strengthening… Read More The Parliament of Canada and the Charter of Rights: The Need to Establish a Joint Scrutiny Committee on Human Rights