The Dissenting Opinion: Voice of the Future?

Madame Justice L\u27Heureux-Dubé explores the history and the role of dissenting opinions in Canadian law. She argues that dissents contribute to the development of the law through their prophetic potential. Dissents are also fundamental elements of judicial discourse, serving to safeguard the integrity of the decisionmaking process and judicial independence. The Canadian legal tradition, like its American counterpart, provides numerous examples of why, in 1951, future Chief Justice Bora Laskin praised the precious right to dissent. Unanimity is not indispensable for judicial legitimacy or legal stability. In fact, the presence of judicious dissents can portray the true complexity of legal reasoning more accurately, while offering new possibilities for the law\u27s evolution to judges, lawyers, and the public

The Dissenting Opinion: Voice of the Future?

Madame Justice L\u27Heureux-Dubé explores the history and the role of dissenting opinions in Canadian law. She argues that dissents contribute to the development of the law through their prophetic potential. Dissents are also fundamental elements of judicial discourse, serving to safeguard the integrity of the decisionmaking process and judicial independence. The Canadian legal tradition, like its American counterpart, provides numerous examples of why, in 1951, future Chief Justice Bora Laskin praised the precious right to dissent. Unanimity is not indispensable for judicial legitimacy or legal stability. In fact, the presence of judicious dissents can portray the true complexity of legal reasoning more accurately, while offering new possibilities for the law\u27s evolution to judges, lawyers, and the public

It Takes A Vision: The Constitutionalization of Equality in Canada

I am a great believer in the positive impact of Canada\u27s constitutional guarantee of equality, found in section 15 of our Canadian Charter of Rights and Freedoms, which guarantees the right to be equal before and under the law and to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability. While the Canadian model cannot and should not simply be transposed into other contexts, exploring how and why section 15 came into being in Canada provides valuable insight into the positive effects that constitutionalizing equality may bring. Specifically, I will outline how and why Canadian women contributed to the adoption of section 15 of the Charter, as well as show how their vision has helped to bring about greater justice for all through a major transformation of Canadian law