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Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi
Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi
Osgoode Legal Studies Research Paper Series
Three high profile government losses in the Supreme Court in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between the Conservative government of Prime Minister Stephen Harper and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning aboriginal rights and the elimination …
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Osgoode Legal Studies Research Paper Series
This Article was written for Osgoode Hall Law School’s annual Constitutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: in …