Canadope 2015: Battlestar Canadica

Another asinine pack of lies to try to defend Bill C-51.

That’s pretty much all they have left to defend it with - ludicrous lies.

And further weather news from Regina: the organisers of the Queen City Exhibition have cancelled the parade because of atrocious weather conditions.

And in non-weather news, we have a new judge on the Supreme Court: the federal government has appointed Justice Russell Brown of the Alberta Court of Appeal to the SCC, effective August 31, when Justice Marshall Rothstein of Manitoba retires.

Forgot to post link: Justice Russell Brown of Alberta named to Supreme Court | CBC News

I’m curious how he will work out. I doubt if a libertarian will be as supportive of the Harpers as they think he will be.

Is there an originalist school of thought in the Canadian legal tradition?

No, there isn’t. Our constitution gradually evolved, and is still evolving. The judiciary use the living tree doctrine:

Wiki:

The living tree doctrine was set out by the Judicial Committee of the Imperial Privy Council in its decision in Henrietta Muir Edwards and others (Appeal No. 121 of 1928) v The Attorney General of Canada (Canada) [1929] UKPC 86 (18 October 1929). At issue was whether or not women could be appointed to Canada’s Parliament’s Senate.

No, for several reasons.

First, we don’t have an equivalent to the Federalist Papers, as a comprehensive policy extrapolation of the Constitution.

Second, the closest we have is the Confederation Debates in the Canadian legislature. However, they are not a great source. there are some useful parts, but for the most part, not much. They give a good a count of the political motivation for Confederation, but no grand theoretical exposition.

Third, the Debates only give the views of Canadian politicians. We don’t have much at all from the Atlantic politicians of Nova Scotia, New Brunswick, who accepted the deal, and Prince Edward Island and Newfoundland, who rejected it originally.

Fourth, the Confederation Debates in Canada, as well the parliamentary debates in the British Parliament, were inadmissible in the Canadian courts and the Judicial Committee of the Privy Council. Under the canons of statutory interpretation in force until the later 20th century, the courts would not look at parliamentary debates travaux préparatoires. Only the text itself of the Act could be considered.

That approach has by and large carried forward in to Charter interpretation as well.

I really, really can’t believe people are complaining about the heat here in the east.

We just had the coldest February in recorded history. Now the temperatures are in the low 30s and people are complaining and freaking out. Holy shit. These are the temperatures I dreamed of in February. I don’t even have air conditioning in my country bungalow and am LOVING this weather.

I would take this year round if possible.

He’s not a true Canadian! [del]Burn him![/del] Freeze him!

Well, it’s true I wasn’t born here.

Which is even more reason to appreciate the heat!

I guess we will see.

I had the good fortune to be one of Russell Brown’s students when I was at U of Alberta Law School. He was a great teacher who really knew his stuff. Plus, he kicked off every class with a lawyer joke. Very approachable, very friendly, very understanding.

And politics never entered the picture in class. With some professors, it did; but never with Russell Brown. I’m left with the impression that he will be as impartial as he can be.

Glad to hear that.

I do wonder, though, about him only having 2 1/2 years on the bench prior to appointment to the SCC.

Good Morning folks!

The writs of election have been issued. I invite all interested parties (even Parties, if they should care to join) to join The Longest Election in Modern Canada thread, here.

Is it really the longest, or will it only seem like the longest?

(…maybe both.)

The local arts and culture magazine wrote up one of our jaunts to the Dairy Queen.
Article at p. 35 The Walleye Magazine
Pics at Here... - The Walleye - Thunder Bay's Arts & Culture Magazine | Facebook

Nice!

What a great magazine, thanks for sharing!

Thanks. I’ll pass on your comment the next time I bump into one of the editors.