The real problem with the Supreme Court calling a woman a 'person with a vagina'
The Court went out of its way to insert a legally and politically controversial statement into the decision when it was completely unnecessary to do so.
The Court went out of its way to insert a legally and politically controversial statement into the decision when it was completely unnecessary to do so.
he Supreme Court of Canada should not be seen as endorsing a divisive political agenda that relates so directly to the demographic composition and ideological orientation of the judiciary.
A responsive use of the notwithstanding clause can engage both bodies in a dialogue that builds on their respective strengths to craft laws that respect Charter rights more perfectly than either body can achieve on its own.
The time has come for the notwithstanding clause to be used routinely. The Charter gives considerable power to judges, but the courts should be a sober second thought, not the final word.