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Discretion and the Quebec Election Campaign

Noted constitutional and human rights lawyer Julius Grey has been practicing at the Quebec bar for over 40 years. His latest project has landed him squarely in the middle of an important issue in the Quebec election campaign. On the one hand, officials of the Parti Quebecois have expressed concern that “outside forces” will commit

A Linguist’s Perspective on the Supreme Court Act

In my post yesterday on the decision in Reference re Supreme Court Act, ss. 5 and 6, I mentioned that the statutory interpretation issues raised in the decision were as much linguistic as they were legal issues. It therefore seems appropriate to have the perspective of a trained linguist on sections 5 and 6 of

Statutory Interpretation and the Nadon Decision

Despite the momentous issues at stake in Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, the case, at bottom, involved a routine exercise of statutory interpretation: Do the words “from among the advocates of that Province” in section 6 denote current membership in the Quebec bar? Based on the often repeated

Hryniak v. Mauldin: An Update on Culture Shift

In its important decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada signalled the need for lawyers and judges to re-think their approach to the civil justice system in order to provide timely and affordable access to the courts. This “culture shift” entailed simplifying pre-trial procedures and “moving the emphasis away

Legal Implications of the U.N. Commission of Inquiry on North Korea

In March 2013, the United Nations established a Commission of Inquiry to examine the human rights situation in the Democratic People’s Republic of Korea, commonly known as North Korea. The outstanding Australian High Court judge Michael Kirby was appointed Chairman of the Commission. The Commission released its measured but harrowing report on February 17, 2014.