Posts in Judiciary
Words Worth Noting - March 19, 2025

“There has been, as every informed Canadians knows, an avalanche of ludicrous judicial decisions, and the Supreme Court of Canada, because of inappropriate appointments to it from successive prime ministers, has become an almost constant source of absurd judgments. In one case a few years ago, the high court determined that the Charter’s right of assembly guaranteed the right of employees of the government of Saskatchewan performing essential work to strike. The upper courts have allowed judges to make an incoherent smorgasbord of our laws, with a shrinking number of reliable precedents and highly idiosyncratic lower court interpretations that pay no attention to the normal meaning of the language or intention of the legislators. This means that when the courts have finished, the legislators haven’t been legislating at all-just putting forth thoughts for the delectation of the bench. But even more sinister, the courts as a whole have followed the legislators into complete abdication in allowing the administrative state to function as it wishes without any apparent reference whatever to the text of law. In the case of Jordan Peterson, his freedom of expression counts for nothing in the face of churlish and self-righteous students or even a few frequenters of the Internet.”

Conrad Black in National Post August 17, 2024

Less government: it is a difficult concept

This Thursday I told the House of Commons Standing Committee on Science and Research (SRSR to insiders) to avoid getting distracted by issues like refining the criteria for federal funding of advanced research and instead to focus their limited resources including of time on core government responsibilities such as defence, infrastructure and justice that appear to be crumbling. Ironically my initial in-person appearance on Tuesday collapsed because they couldn’t make the translation work, which I thought rather proved my point about the state being overextended and lacking some fairly basic capacities. I think the concept of government doing less baffled many of the MPs. But you can watch my testimony given Thursday via videoconference starting at timecode 16:11:33 and judge for yourselves.

Laser-focused MPs

In my latest Epoch Times column I say that Members of Parliament need to be focused on the core, and crumbling, functions of government rather than getting distracted by exotica like advanced research criteria. The state can’t and shouldn’t do everything, and at the moment it’s not doing much of anything properly in Canada, so worry about the tax code not the genetic code, defence not dark matter, and deficits not dilithium. (It’s based on testimony I’m giving before the House of Commons Standing Committee on Science and Research on December 10.)

Magna Carta or bust

In my latest Loonie Politics column I take up my dusty cudgel on the crucial point that our whole system of government crumples if the legislators we elect cannot control the executive we do not elect. It was true in the days of Bad King John and George III, and it’s true in those of Justin Trudeau.

Words Worth Noting - October 23, 2024

“To speak of Dickens is to think of Bumble the beadle, and that carries our mind at once to a whole crowd of thick-headed magistrates, interfering philanthropists, tyrannical administrators of the Poor Law, and the like. Have you ever noticed the fact that in Dickens, in Shakespeare, in Fielding, in the whole range of English literature, a person in petty authority, a minor official hardly ever appears, except to be made ridiculous? There seems to be a deep conviction in our minds that the man who carries some wand of office is more likely than other men to be half knave and wholly fool.”

Transcript from the improbably surviving one of two records used to transport C.S. Lewis’s May 1941 talk to Icelanders, which we don’t even know if it was ever broadcast, quoted in Harry Lee Poe The Making of C.S. Lewis

Words Worth Noting - October 16, 2024

“A year earlier, during the third week of April 1940, Lewis had read Christopher Dawson's Beyond Politics. What struck Lewis about the book was the distinction Dawson drew between the ideal of freedom and the ideal of democracy. The idea of democracy as propounded by Rousseau and embodied in the French Revolution placed its emphasis on the ‘general will’ of the community over against the individual. The idea of freedom as expressed by the English placed its emphasis on the rights of the individual over against the will of the whole. Dawson traced modern English notions of freedom to the nonconformists of the 17th century, who sought religious liberty, and to the English aristocracy, which asserted its rights over against the Crown. Dawson concluded that without freedom, modern democracy and modern dictatorship are ‘twin children of the Revolution’ with their emphasis on the community or collective or state. Jack told [his brother] Warnie that he thought this view explained a great deal about the difference between the English and the European democracies. The French offered no exemption from military service for a conscientious objector, but the English did, even if reluctantly. This also explained the political alliance in the 17th and 18th centuries in England between the great nobility and the nonconformist merchant class. It was never the marriage of convenience as some supposed but a marriage of conviction. This view also explained to Jack why he and Warnie he felt so strongly about freedom but less so about democracy. These observations would not have risen to much more than a passing interest, except they became the thesis of C.S. Lewis’s first radio broadcast in May 1941.”

Harry Lee Poe The Making of C.S. Lewis

Words Worth Noting - July 1, 2024

“Will you permit the sacred fire of liberty, brought by your fathers from the venerable temples of Britain, to be quenched and trodden out on the simple altars they have raised?”

Joseph Howe [in appealing to a jury Halifax in 1835 to acquit him on libel charges because what he’d published was true even though at that time truth was not a defence in British law, which they did, thus engaging in “jury nullification” to uphold that liberty] in Dennis Gruending, ed., Great Canadian Speeches