Supreme Court unfair to Harper government new Ontario Court of Appeal judge says


Locutus
#1
he newest judge on Ontario’s top court has an explanation for the Conservative government’s well-known losing streak at the Supreme Court of Canada: The court’s reasoning process is unfair, making it almost impossible for the federal government to defend its laws, such as those involving assisted suicide, prostitution and the war on drugs.

Ontario Court of Appeal Justice Bradley Miller, whose appointment was announced last month, is part of Prime Minister Stephen Harper’s vanguard on the bench – a leading dissenter, along with fellow appeal-court Justice Grant Huscroft, from much of what Canada’s judges have said and done under the 1982 Charter of Rights and Freedoms.


As The Globe reported on the weekend, Mr. Harper has been on a decade-long quest to transform the lower courts by finding judges who would be less activist, and less likely to stand in the way of policies such as a crackdown on crime. Justice Miller and Justice Huscroft offer an approach that is more deferential to government than is currently the norm on Canadian courts. If over time they are able to point the court in a new direction, judges will become less likely to strike down laws in which broad moral issues are at stake; government would be given more respect as the authority to decide such issues.


Justice Miller also brings a passionate voice for freedom of religion, arguing that the right to morally disapprove of gay marriage is vital to freedom of conscience. Justice David Brown, appointed to the appeal court last December, makes a similar argument.


more


Supreme Court unfair to Harper government, new Ontario justice wrote as professor - The Globe and Mail
 
Machjo
#2
Yeah. And I know a friend talking to a lawyer planning to sue the CBSA and possibly the local police for having violated his fiancee's Charter rights. They'd detained her for deportation. When she challenged them to link her fingerprints and DNA to items they should logically find them on if the accusations were true, it turned out the police had never bothered to do so. As far as the police was concerned, her mere presence at the wrong place at the wrong time was proof enough. They'd never even bothered checking if she might have an aliby. Once detained, she was never informed of her right to retain and instruct counsel as per her Charter right. She thinks they went on racial profiling and never expected anyone on the outside to help her out. Oh well, yet another law suit at taxpayers expense which a foreign national visiting Canada will probably win at taxpayers' expense.
 
taxslave
Free Thinker
#3
There is something seriously wrong with our legal system if foreigners have charter rights.
 
FiveParadox
Liberal
#4
Quote: Originally Posted by taxslave View Post

There is something seriously wrong with our legal system if foreigners have charter rights.

That's a ridiculous statement. Human rights are called just that because they are universal, and should be protected for everyone, regardless of whatever status they might hold -- whether that's something like age, colour, religion, or citizenship.
 
Machjo
#5
Quote: Originally Posted by taxslave View Post

There is something seriously wrong with our legal system if foreigners have charter rights.

"I know you're in Canada legally but I don't like your face so I'l just accuse you of something and deport you pronto and make sure you have a record preventing you from re-entering. All because I didn't like your face."

That's what no human rights looks like.