Skip to content
March 26, 2014

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...

March 25, 2014

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...

February 24, 2014

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...