While ideological interest groups have always sought to pursue their agendas in the courts, Canadian judges have largely resisted the lure of partisan adjudication.
The view that Charter rights are for politicians to freely side-step and leave to be adjudicated by the courts later is a misunderstanding of the intention of a constitutional framework and shouldn’t be tolerated.
An independent, fair and balanced judiciary is a cornerstone of democracy. It provides an important check on the executive and legislative branches of government and is the arbiter of the law of the land.
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.
David Frum on the dangers of the courts deciding policy. Plus, why Canada needs a national design competition
This episode of Frum Dialogues reflects on the Canadian Charter of Rights and Freedoms as it celebrates its fortieth anniversary. Plus, why a national design competition would be a good thing for the country.
Prime Minister Trudeau has the opportunity—for the fifth time during his tenure—to nominate an Indigenous justice to the country’s highest court for the first time in Canadian history. He should take it.
To accuse your opponent of dishonesty is to say you value honesty. Likewise, to accuse your opponent of inconsistency is to say you value consistency. Political life, especially at the helm of a federal party, requires steadfast principles.
At a time when cancel culture was beginning to emerge as a widespread phenomenon on campuses across the country, Runnymede’s success was highly uncertain. Six years later, it appears there was indeed a market for this thriving intellectual community.
Canada’s Charter does not in fact protect property rights, making Canadians uniquely vulnerable to the dangers of digital jail as a means for social control.
Is ‘meritocracy’ most important?—Benjamin H. Barton on how a narrow set of American elites dominates the Supreme Court
This episode of Hub Dialogues features University of Tennessee law professor Benjamin Barton about his new book on the cloistered, elite world of American justice.