Category Archives: Supreme Court (Canada)

Building More Poor Houses – The Truth of Sentencing

Posted by on | inequality, law, politics, Supreme Court (Canada)

The Supreme Court of Canada’s conclusion that the Truth in Sentencing Act is unconstitutional is challenging to explain. In part this is because of the rhetorical flourish of the legislation. Who can oppose Truth, especially with a capital T? But mainly it is because most of us know very little about our criminal justice system and about our prisons.

The Canadian Criminal Code is written, like much criminal law around the world, with a series of ‘theoretical maximum’ penalties. Parliament sets out what the maximum possible sentence can be. The courts then apply the law.

Applying the law can be complicated. Every crime is comprised of a particular kind of knowledge, specific actions, potential consequences. Evidence needs to be carefully weighed. Criminal conviction is the most serious penalty that our society condones. It can, and should, be complicated. It’s serious.

Sentencing is even more intricate. The judge considers the individual circumstances of the crime against the theoretical maximum of the Criminal Code.… Continue reading

Justice Nadon, Canadian constitutionalism and cherry blossoms

Posted by on | law, Quebec, Supreme Court (Canada), Western Canada

There is more to the Supreme Court’s rejection of Justice Nadon than a crude politics. But the politics is so compelling, well nigh prurient, that it is tempting to overlook the legal arguments themselves, or to consider that this was a case with ‘no right answer’. This is absolutely not so.

Justice Nadon was appointed to the Supreme Court of Canada to one of the three places on that Court reserved for judges from Quebec. Prior to his appointment, he was a judge on the Federal Court of Appeal. Long ago, he practiced law in Quebec for many years. Knowing that questions about this appointment were brewing, the government sought to amend the key provisions of the Supreme Court Act using the omnibus budget legislation passed last fall.

After Toronto immigration lawyer Rocco Galati challenged Nadon’s appointment, the government stepped into the fray directly by asking the Supreme Court itself to use its ‘reference’ jurisdiction to answer two questions.… Continue reading