Tagged constitutional law

Originalism as misnamed judicial legacy of the Scalia years – 1986-2016

Yesterday, in The Supreme Battle, Canadian constitutional scholar Adam Dodek described a side of the late Antonin Scalia, that few even in the legal community hardly ever saw: a U.S. Supreme Court justice willing to subject himself to honest intellectual debate among peers, even once with Canada’s former Supreme Court justice and champion of legal pragmatism, Ian Binnie. Dodek nevertheless attributed the lack of success of Canadian legal conservatives to too much inspiration from Scalia, whose strident ideology has found little favour here.  Despite the recent appointment to Canadian courts of jurists reportedly following Scalia’s brand of constitutional fundamentalism, it will take more than that…

Unconscionable delay in civil justice: Is it also unconstitutional?

Click on the link to read my article, “Unconscionable delay in civil justice: Is it also unconstitutional?” 32AdvocQ277.  It exposes the elephant in the room every time an Askov blitz diverts court resources from the civil to criminal court docket.  Is the right of criminal accuseds to a speedy trial worth more to Canadian society than injury victims to their day in court for compensation?  In times of underfunding of justice, why should court resources not be subject to the same considerations as (more generously funded) health care?  Read it and let me know what you think. Terms of use / Mentions légales