Category Archives: Constitutional Law

It’s dirty work (and lawyers get to do it)

Canadian Lawyer‘s Gail Cohen praises the late Doug Christie for representing people many lawyers wouldn’t touch: Christie, often called The Battling Barrister or Counsel for the Damned, became notorious for his defence of some of the most reviled hatemongers in … Continue reading

Posted in Constitutional Law, Constitutional Law (USA), Criminal Law, Freedom of Expression, Human Rights | Tagged , , , , | 2 Comments

Yes, income tax is constitutional

The National Post profiles an Ontario man and his quixotic battle with the Canada Revenue Agency: Jack Klundert, a Windsor optometrist, has been on an arduous, 20-year protest against paying income tax, claiming it is his “moral obligation” to fight against … Continue reading

Posted in Constitutional Law, Taxation | Tagged , , | 1 Comment

Sometimes, there really is a fire

Whenever a free-speech controversy bubbles up, you can always count on apologists for censorship to declare that “there’s no right to shout fire in a crowded theatre.” Ken at Popehat, in an absolutely devastating post, explains where that phrase comes from, … Continue reading

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Omar Khadr and the rule of law

Dan Gardner explains that the Khadr case is not about national security so much as it’s about holding the federal government to its obligations under the constitution: In 2010, a federal court judge agreed that the involvement of Canadian officials … Continue reading

Posted in Constitutional Law, Criminal Law, Human Rights, Supreme Court of Canada | Leave a comment

Sheriff Andy explains due process

Via Reason, a remarkable clip from The Andy Griffith Show making the rounds after Griffith’s death:

Posted in Constitutional Law, Constitutional Law (USA), Criminal Law | Leave a comment

Roach v. The Queen

A Toronto lawyer is pursuing legal action against the requirement that new Canadian citizens swear an oath to the country’s formal Head of State: Charles Roach estimates he has at least a year and a half left to live before … Continue reading

Posted in Canadian Politics, Constitutional Law, Human Rights | 2 Comments

“How About Defending Speech Because It’s Speech, Not Because You Agree With It?”

I want to print this post from Popehat, frame it and mount it on my wall. …Say that someone sues, or threatens, or abuses someone whose ideas you despise, someone whose good faith you doubt, someone working for political or social ends you … Continue reading

Posted in Constitutional Law, Constitutional Law (USA), Freedom of Expression, Human Rights | Leave a comment

The other “Jesus shirt” case

Nova Scotians who followed the “Life is Wasted Without Jesus” controversy may be interested in this markedly similar case from Ohio, where a student’s T-shirt was banned because of a controversial religious message. The difference? In the Ohio case, the … Continue reading

Posted in Constitutional Law, Constitutional Law (USA), Freedom of Expression, Freedom of Religion, Human Rights | 1 Comment

“Life is Wasted Without Jesus”

If you’re a Christian, you probably think that statement is just common sense.  If you aren’t a Christian, you probably rolled your eyes and moved on.  And if you’re an administrator at Forest Heights Community School in Chester Basin, you think … Continue reading

Posted in Constitutional Law, Freedom of Expression, Freedom of Religion, Nova Scotia | 3 Comments

Andrew Coyne, not surprisingly, has the best take I’ve read on the anniversary of our Charter of Rights and Freedoms, and what the rule of law truly means: That we have become a noticeably freer and fairer country in the 30 … Continue reading

Posted in Constitutional Law, Human Rights | Leave a comment