Posts in Law
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 - April 24, 2024

“by chance, in 1971, I saw a feminist interviewed on the CBC, claiming a ‘right to her own body’ and a ‘right to abortion.’ In law school, I had learned that an unborn child could inherit property and could be the subject of a trust, and suddenly here was someone telling us that the unborn child had no rights and could be disposed of simply because it was inconvenient and unwanted. I was incensed over this injustice. Something had to be done. Shortly afterwards, I founded and became the first president of the Toronto Right to Life Association and was one of the founders of the political arm of the pro-life movement in Canada, Campaign Life Coalition.’”

Gwen Landolt, quoted by Michael Wagner Standing on Guard for Thee: Newly Revised Second 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