Tagged mandatory sentencing

Canada’s Marbury v. Madison? Not quite.

As reported in the Globe and Mail, Justice Colin Westman has joined a chorus of Canadian judges refusing to apply the law, as a protest against the federal government’s criminal sentencing legislation.  Whatever the merits of their political views on the subject, the rebellious judges threaten a constitutional showdown which they will not, and should not win.  As lawyers and law students, it is important for us to understand why judicial rebellion is not judicial independence.  Judicial rebellion harms judicial independence.  To see this, one has to understand the source of judicial power.