Elections
The Upcoming General Election and the Supreme Court
In the United States, one issue that gets increasingly discussed in the context of presidential elections is the potential for the elected president to make appointments to the Supreme Court. In the deeply divided American Supreme Court, even one appointment can have a significant impact on the orientation of the Court, especially when it is […]
A Web of Instinct: Kahkewistahaw First Nation v Taypotat
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]
Amici Curiae: Bill 78 Protests, Election Result Invalidations, and Updates on Etan Patz
Bill 78 – No Surprise It’s Having the Opposite Effect Responding to what some have coined anti protest legislation, protestors outside of Quebec have joined in on the Montreal student protest. On May 22, 2012, demonstrators in Montreal, Vancouver, Calgary, New York, and even Paris united in red to show their support for the protestors. The […]
How to Nullify An Election in 4 Easy Steps: Poker v Mushuau Innu First Nation
Though a few weeks old by now, the recent decision by the Federal Court in Poker v Mushuau Innu First Nation, 2012 FC 1 [Innu], was too interesting to go without comment. In Innu, the Court set aside a First Nation Band Council election due to a series of shortcomings in the election process.
Greens Leader Elizabeth May Files Court Challenge To Be Included In Leaders' Debate
Folks, it’s the great debate (pardon the pun) of 2008 all over again. As in 2008, the decision has been made to exclude Green Party leader Elizabeth May from participating in the televised (and widely watched) English and French leaders’ debates, to be held on April 12th and 14th. The decision was made by a […]
“In-and-out” transactions: Creative Accounting or Election Fraud? The Conservative Party is Reprimanded at the Federal Court of Appeal
It couldn’t have happened at a more inconvenient time: in the midst of swirling election rumours with some polling suggesting the governing Conservative Party is sitting in long elusive majority government territory, the party has lost the latest round in its battle against allegations of fraudulent election financing. In a dispute that has been ongoing since the […]
Supreme Court of Canada Appointment Process 101
In addition to being the last court of appeal to all constitutional issues, including the division of powers between the federal and provincial governments, the Supreme Court of Canada is the final arbitrator to the Charter of Rights and Freedoms. In this role, the nine judges give meaning and interpret the relative and open-ended values […]
Wrangling Over the Next Supreme Court Judge
A few days ago, New Democratic Party (NDP) Justice Critic Joe Comartin (Windsor Tecumseh) called for the removal of Conservative MP and Public Works Minister Christian Paradis from the Supreme Court of Canada Appointments Advisory Committee. Mr. Paradis is among 67 Conservative candidates in the 2006 election who are presently facing litigation for alleged violations […]
Equality of men and women revisited. Part I
INTRODUCTION The Spanish Constitutional Court is becoming one of the most popular institutions in the country. By “popular” I do not mean “generally well-liked”, but “frequently used” or mentioned in conversations and in the media, that is, in the middle of the political debate. On the other hand, as I mentioned in previous contributions, (here […]