Category Archives: Constitutional Law

The Carter ruling is correct, though I don’t agree with it

The Supreme Court of Canada struck down the Criminal Code provisions making assisted suicide illegal: In a charter precedent that will go down in the history books as Carter vs. Canada, the court unanimously struck down the ban on providing a … Continue reading

Posted in Constitutional Law, Supreme Court of Canada | Tagged , , , | 1 Comment

Blasphemy is a crime in Canada

Not because we’re living under the Stephen Harper Christofascist dictatorship, though. (Sorry, Michael Harris.)  It’s actually a law that hasn’t been enforced successfully since 1935, but remains part of the Criminal Code of Canada: Section 296 of the Criminal Code … Continue reading

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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

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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