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Brian Bird

By Brian Bird

Brian Bird is an assistant professor at the Peter A. Allard School of Law at the University of British Columbia.

Contributor Connect

Justice Michael Moldaver (left) shares a laugh with his Supreme Court colleagues during a welcoming ceremony in the Supreme Court of Canada, Monday November 14, 2011. Fred Chartrand/The Canadian Press.
Viewpoint

Brian Bird: The humanity of judges is an asset, not a workplace hazard

Judges are human beings with formative experiences and perspectives that predate their judicial careers. They are not robots, and that is for the better.

By Brian Bird - Posted on June 27, 2022
The Supreme Court of Canada in Ottawa. Sean Kilpatrick/The Canadian Press.
Viewpoint

The Charter at Forty: The future of Canada's Charter

It’s hard to imagine that many Canadians foresaw the Charter being argued in cases about euthanasia, prohibitions on private health care and same-sex marriage—to name only a few issues.

By Brian Bird - Posted on May 25, 2022
A Canada flag is hung between traffic light posts in front of Parliament Hill on the 15th day of a protest against COVID-19 restrictions that has grown into a broader anti-government protest, in Ottawa, on Friday, Feb. 11, 2022. Justin Tang/The Canadian Press.
Viewpoint

The Charter at Forty: How the Charter has shaped society since 1982

If the framers of 1982 thought that the constitutional changes of that year would bring about constitutional tranquility, they were sorely mistaken. The past forty years have featured intense activity on the constitutional front as governments have learned how to respect the Charter.

By Brian Bird - Posted on April 18, 2022
A man, right, who was attending a protest with people opposed to COVID-19 restrictions yells in the face of a counter-protester after he interrupted their event, in Vancouver, on Sunday, May 3, 2020. Darryl Dyck/The Canadian Press.
Viewpoint

To save our public discourse, we must reclaim the art of critical thinking

The public discourse in Canada is in bad shape. Key to improving it is adopting a critical posture—even towards our own deeply held beliefs and our own side’s convictions.

By Brian Bird - Posted on April 4, 2022
The Queen signs Canada's constitutional proclamation in Ottawa on April 17, 1982 as Prime Minister Pierre Trudeau looks on. With the stroke of a pen by the Queen in Ottawa, Canada had its own Constitution. Ron Poling/The Canadian Press.
Viewpoint

The Charter at Forty: The legacy of Pierre Elliott Trudeau

It is no overstatement to say that without Trudeau, the 15th Prime Minister of Canada,1982 would not have happened.

By Brian Bird - Posted on March 4, 2022
The sun rises over the mountain as a woman takes a walk in Vancouver, Monday, January 18, 2021.  Jonathan Hayward/The Canadian Press.
Viewpoint

COVID-19 has frayed our social fabric, but brighter days lie ahead

As we near the second anniversary of the declaration of the COVID-19 pandemic, we are in a radically different and better place today than we were in March of 2020.

By Brian Bird - Posted on February 16, 2022
A statue of former Canadian Prime Minister Sir John A. Macdonald is pictured on Parliament Hill in Ottawa on Thursday, June 3, 2021. Sean Kilpatrick/The Canadian Press.
Viewpoint

The Charter at Forty: The road to 1982

2022 marks the 40th anniversary of the Constitution Act, 1982. This pivotal act would not have been possible without the history that set the stage for it.

By Brian Bird - Posted on January 19, 2022
Comedian Mike Ward speaks to the media at the Quebec Appeal Court Wednesday, January 16, 2019 in Montreal. Ryan Remiorz/THE CANADIAN PRESS.
Viewpoint

Laws should form good citizens, but civil society must lead the way

The law is often an insufficiently surgical instrument to remedy social ills. The human connection, often in the form of small gestures, is far superior.

By Brian Bird - Posted on November 25, 2021
Pope Francis greets people at the end of his weekly general audience in the Pope Paul VI hall at the Vatican, Wednesday, Oct. 20, 2021. Alessandra Tarantino/AP Photo.
Viewpoint

The Pope's visit could be a turning point for Canada

Pope Francis will likely apologize for the involvement of the Church in the residential school system.

By Brian Bird - Posted on November 5, 2021
A man holds up a copy of the Charter of Rights and Freedoms as Liberal leader Justin Trudeau makes a campaign stop in Whitby, Ont. on Oct. 18, 2019. Sean Kilpatrick/The Canadian Press.
Viewpoint

Pandemic or not, don't cheapen the Charter and the society it sustains

So far, courts have been deferential when evaluating the constitutionality of state action taken in response to COVID-19. But this posture will not last forever.

By Brian Bird - Posted on October 20, 2021
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