Posts in Judiciary
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

A Tale of Two Revolutions

In a talk to the Augustine College Summer Seminar I argued that the American Revolution brought liberty and prosperity because it looked back to the solid foundations of Magna Carta, Christianity and the Western tradition, while the French Revolution brought misery and death because it looked forward to a utopian future unconstrained by the past.

Words Worth Noting - June 5, 2024

“As Justice Jamie Campbell once wrote, ‘The Charter is not a blueprint for moral conformity. Its purpose is to protect the citizen from the power of the state, not to enforce compliance by citizens or private institutions with the moral judgements of the state.’ Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC25, at para. 10. Sadly, this clear thinking was not followed by a majority of the Supreme Court of Canada in a similar case, where seven of nine judges ruled against Trinity Western University’s proposed Christian law school due to a perception the law school would discriminate against non-Christians.”

André Schutten and Michael Wagner, A Christian Citizenship Guide 2nd edition

Words Worth Noting - March 27, 2024

“The first thing worth noting is that the drafters of the Charter titled this first section ‘Guarantee of Rights and Freedoms.’ In other words, the intended purpose of the opening section is to underline that the rights and freedoms laid out in the Charter are guaranteed. But, if you look at almost every judgement that wrestles with this section, talk to almost any lawyer, or consult most government websites, they instead call the section ‘The Limitations Clause’ or ‘The Reasonable Limits Clause.’ That is a very different focus! And that betrays the problem: the legal culture in Canada has focused on the phrase ‘reasonable limits’ instead of ‘guarantees the rights and freedoms.’ That changes the analysis before we even start.”

André Schutten and Michael Wagner, A Christian Citizenship Guide 2nd edition