A Tempest in a Transatlantic Teapot: A Legal Historian\u27s Critical Analysis of Frédéric Bastien\u27s La Bataille De Londres

This review discussed the allegations in Frederic Bastien\u27s book La Bataille de Londres, to the effect that two Supreme Court of Canada judges had improper communications with British and Canadian authorities before and after the hearing of the Patriation Reference. It analyzes in detail the five incidents upon which the allegations are based, and finds that the author\u27s interpretation cannot be supported in four of them because of faulty interpretation of the evidence or incomplete research. The fifth incident, in which Chief Justice Laskin met with the English attorney general, is found to have been arguably inappropriate judicial behaviour, but to have no effect in law on the ultimate decision in the Patriation Reference. In addition, more recent evidence tends to confirm that no leaks to the Canadian government occurred while the Court was writing its decision

A Tempest in a Transatlantic Teapot: A Legal Historian\u27s Critical Analysis of Frédéric Bastien\u27s La Bataille De Londres

This review discussed the allegations in Frederic Bastien\u27s book La Bataille de Londres, to the effect that two Supreme Court of Canada judges had improper communications with British and Canadian authorities before and after the hearing of the Patriation Reference. It analyzes in detail the five incidents upon which the allegations are based, and finds that the author\u27s interpretation cannot be supported in four of them because of faulty interpretation of the evidence or incomplete research. The fifth incident, in which Chief Justice Laskin met with the English attorney general, is found to have been arguably inappropriate judicial behaviour, but to have no effect in law on the ultimate decision in the Patriation Reference. In addition, more recent evidence tends to confirm that no leaks to the Canadian government occurred while the Court was writing its decision

The Supreme Court of Nova Scotia, Responsible Government, and the Quest for Legitimacy, 1850-1920

Wallace Graham was one of the ablest judges ever to sit on the Supreme Court of Nova Scotia. Born of humble Baptist parentage in Antigonish in 1848, the yearNova Scotia\u27s firstReform government took office, he was truly one of the sons of responsible government: that group of non-61ite, non-Halifax, non-Anglican men who left their stamp on the province\u27s political order after mid-century. Appointed to the bench in 1889, he sat for twenty-six years as puisne judge and judge in equity before being named chief justice in 1915. Sadly, he occupied the post for only two years, dying suddenly in office in October 1917. Members of the Nova Scotia Barristers\u27 Society attended his funeral in a body , and wore mourning for a month afterward as a mark of respect. Graham was probably the last chief justice to receive this tribute

Sexual Orientation as a Human Rights Issue in Canada 1969-1985

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to equality , whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada\u27s Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein may have claims to assert. This article will address the claims of gays and lesbians to equal treatment under section 15 of the Charter. Which non-enumerated groups will be accorded Charter protection is very much a political issue. Organization, numbers, and success in the area of public opinion will all be key factors in determining which groups are recognized and which are not. During the last dozen or so years, gay and lesbian groups have come out of the shadows and entered the political arena in a determined way. They have spent a considerable amount of effort educating the public (and governments) about the discrimination and oppression which they face in all walks of life. In attempting to effect changes in the law, these groups have situated their demands within an ideology of human rights, arguing that one\u27s sexual orientation (whether heterosexual, homosexual or bisexual) is a basic attribute of personhood which should not result in individious differential treatment in the public or private sphere. It is further argued that discrimination against gays and lesbians is based on inaccurate stereotypes, which automatically attribute to all gay persons the characteristics that have traditionally been associated with them (gay men as unreliable, lesbians as bad mothers, etc.). In this respect, the parallels with discrimination on the basis of race or sex are clear. This article will examine the Canadian experience with gay rights as a human rights issue. This material establishes the context within which section 15 will be interpreted. The following two sections will look at legal developments in Quebec and common law Canada, respectively, and the last section will look at public opinion on gay rights issues in Canada since 1969

Preface

The foreword to the first issue of the Dalhousie Law Journal (September 1973) stated that the editors commenced the enterprise without lofty pretensions. If the newjournal\u27 s existence served to encourage creative research and writing among law teachers, among students, and generally among the legal profession and related disciplines, that may be justification. The editors nonetheless concluded with a lofty enough mission statement: we shall be endeavouring to produce a stimulating journal exemplifying those qualities that most people would characterize as scholarly, among them thoroughness, precision of thought, independence of judgment. The Editorial Board believes that the Journal has fulfilled the ambitions of the framers, and that it will continue to do so during its next quarter-century

The Protection of the Rights of Homosexuals Under the International Law of Human Rights: European Perspectives

The Parliamentary Committee on Equality Rights heard a number of submissions from various groups urging the amendment of the Canadian Human Rights Act to include sexual orientation as a prohibited ground of discrimination, and amendment of the Charter itself to rectify the lack of specificity on the topic in the enumeration of equality rights contained in section 15. This article provides a comparative perspective by examining the rights of homosexuals under the international law of human rights. Particular attention is paid to the experience under the European Convention on Human Rights

Sexual Orientation as a Human Rights Issue in Canada 1969-1985

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to equality , whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada\u27s Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein may have claims to assert. This article will address the claims of gays and lesbians to equal treatment under section 15 of the Charter

Sexual Orientation as a Human Rights Issue in Canada 1969-1985

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to equality , whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada\u27s Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein may have claims to assert. This article will address the claims of gays and lesbians to equal treatment under section 15 of the Charter. Which non-enumerated groups will be accorded Charter protection is very much a political issue. Organization, numbers, and success in the area of public opinion will all be key factors in determining which groups are recognized and which are not. During the last dozen or so years, gay and lesbian groups have come out of the shadows and entered the political arena in a determined way. They have spent a considerable amount of effort educating the public (and governments) about the discrimination and oppression which they face in all walks of life. In attempting to effect changes in the law, these groups have situated their demands within an ideology of human rights, arguing that one\u27s sexual orientation (whether heterosexual, homosexual or bisexual) is a basic attribute of personhood which should not result in individious differential treatment in the public or private sphere. It is further argued that discrimination against gays and lesbians is based on inaccurate stereotypes, which automatically attribute to all gay persons the characteristics that have traditionally been associated with them (gay men as unreliable, lesbians as bad mothers, etc.). In this respect, the parallels with discrimination on the basis of race or sex are clear. This article will examine the Canadian experience with gay rights as a human rights issue. This material establishes the context within which section 15 will be interpreted. The following two sections will look at legal developments in Quebec and common law Canada, respectively, and the last section will look at public opinion on gay rights issues in Canada since 1969

A Tempest in a Transatlantic Teapot: A Legal Historian’s Critical Analysis of Frédéric Bastien’s La Bataille de Londres

This review discussed the allegations in Frederic Bastien’s book La Bataille de Londres, to the effect that two Supreme Court of Canada judges had improper communications with British and Canadian authorities before and after the hearing of the Patriation Reference. It analyzes in detail the five incidents upon which the allegations are based, and finds that the author’s interpretation cannot be supported in four of them because of faulty interpretation of the evidence or incomplete research. The fifth incident, in which Chief Justice Laskin met with the English attorney general, is found to have been arguably inappropriate judicial behaviour, but to have no effect in law on the ultimate decision in the Patriation Reference. In addition, more recent evidence tends to confirm that no “leaks” to the Canadian government occurred while the Court was writing its decision