National Post

<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <ins class="adsbygoogle" style="display:inline-block;width:970px;height:90px" data-ad-client="ca-pub-5132695833487250" data-ad-slot="4212883907"></ins> <script> (adsbygoogle = window.adsbygoogle || []).push({}); </script>

Twenty years after federal government changed sentencing, aboriginals still disproportionately fill our prisons

Twenty years and hundreds of court cases later, including two landmark Supreme Court rulings, the sentencing reform has failed. ... This does not amount to...

Allan Levine: On your 'right' to remain silent

In the U.S., this warning to an alleged criminal (“perp” or “skell” in cop lingo) is known as being “Mirandized” — and has been since...

Colby Cosh: In the bad old days we used the word 'unconstitutional,' but Liberal legislation is never that

Simms' list of contentious Conservative manoeuvres included cutting federal vision, dental, and drug coverage from rejected refugee claimants and the defence of the Supreme Court...

Barbara Kay: A testimony to Canada's human rights superstar

But it isn't every tribute dinner that attracts five Supreme Court justices, as this one did: Rosie Abella, who introduced Cotler, plus Michael Moldaver, Andromache...

John Robson: Canada's government by court order

Hence the Alberta Court of Appeal slapped down Bill C-14 on medically-assisted dying before the Trudeau administration could even rush it through Parliament to meet...

Peter MacKay: Respect the rule of law

As Supreme Court Justice Michael J. Moldaver has said, “Under the rule of law, it is not our function to create laws, nor do we...

Kelly McParland: Reforming the Supreme Court appointment process is all about appearances, not substance

The Court exerted its power in each instance to deter Canada's elected representatives. It was enough to goad former prime minister Stephen Harper into an...

Melanie Paradis: A chance to right the wrongs of Canada's past relationship with the Métis

Energeticcity.caIn so ruling, the Court has ended the decades of federal and provincial governments' attempts to deny those rights and their legislative authority over them.

John T. Pepall: No need to change the way Supreme Court justices are appointed

The news that Prime Minister Justin Trudeau will make his first appointment to the Supreme Court of Canada following the resignation of Thomas Cromwell has...

Early Supreme Court retirement leaves Liberals scrambling to fulfill 'transparency' promise

“We will make the Supreme Court appointment process more transparent.” The pledge was conceived and calculated with 2018 in mind, the mandatory retirement date for...

Emmett Macfarlane: Here's how Canada should vet its Supreme Court nominees

The unexpected announcement that Supreme Court Justice Thomas Cromwell will retire this September throws another important item onto the Liberal government's already bloated reform agenda:...

Barry W. Bussey: On assisted dying, government should respect the beliefs of religious hospitals

The recent parliamentary committee's report on physician-assisted death made recommendations that went way beyond the 2015 Supreme Court of Canada ruling. ... However, such views...

Benjamin Perrin: The court has been oft divided, lately. And that's a good thing

On Friday, the Supreme Court of Canada technically gave the federal government four more months to rewrite its physician-assisted suicide law. However, over the ...

'This project should be put on hold,' Ottawa Mayor tells communism memorial ...

The mayor says he noted there is virtually no public support for the site in question, and that those expressing concerns have ranged from Supreme...

National Post View: The Choices Before Us, Part 4: Democratic Accountability

We don't particularly care for the Supreme Court's reasoning in the Senate reference, but the possibility that it would so rule was surely evident; had...

Dwight Newman & Michael Plaxton: Sometimes ex-Supreme Court justices are ...

Late last week, media reports arose of former Supreme Court of Canada Justice Louise Arbour's media interview, in which she made a number of comments...

Former Quebec lieutenant-governor led to jail in handcuffs on fraud conviction

Her lawyers took the argument all the way to the Supreme Court of Canada but the panel of judges refused to hear the case. After...

Jackson Doughart: Give the public a voice in the appointment of Supreme Court ...

And with the aborted appointment of Marc Nadon in 2014, we found out that the only entity that can block a new member to the...

Staff convinced a seething Stephen Harper not to launch full-on public assault ...

Toronto StarPrime Minister Stephen Harper has privately fumed to his inner circle that under the leadership of Chief Justice Beverley McLachlin, the Supreme Court of...

Conrad Black: Chief Justice Beverley McLachlin has emasculated the high court ...

Beverley McLachlin has been a judge since just before the Charter was proclaimed, and became chief justice of Canada in 2000. The Supreme Court website...

Kelly McParland: School is about learning. And that includes lessons on ...

Beverley McLachlin, the chief justice of the Supreme Court, would be just as skilled a legal mind if she appeared in court in a sports...

Sex with 14-year-olds legal in 2008, but probably not while videotaping it in ...

The Supreme Court rejected the defense, but in a decision written by Chief Justice Beverly McLachlin, an exception was granted to “visual recordings … that...

'Conscious objectivity': That's how the chief justice defines the top court's ...

In the hallway that leads to the corner chambers of Canada's chief justice, Beverley McLachlin, the view to the right is all red-velvet dignity. Portraits...

Supreme court rejects federal government's argument that Omar Khadr is an ...

OTTAWA — The Supreme Court of Canada wasted no time Thursday as it summarily rejected the federal government's bid to have former Guantanamo Bay prisoner...

Baker & Riddell: An alternative to mandatory minimum sentences

Nur, a majority of the Supreme Court found the Criminal Code's three-year mandatory minimum sentence (MMS) for possession of a firearm to be “cruel and...

BC parents win Supreme Court fight for better French-language school in ...

“What is paramount is that the educational experience of the children … be of meaningfully similar quality to the educational experience of majority language students,”...

Conservatives looking to make Order of Canada less artsy, more representative

Anyone, Canadian or foreign, can nominate a Canadian for consideration for the Order. The nominations are then vetted by an advisory committee chaired by the...

Peter MacKay slams Supreme Court for quashing mandatory minimum gun ...

In this case, Justices Michael Moldaver, Marshall Rothstein and Richard Wagner all dissented, arguing that the Supreme Court was effectively overthrowing a law based on...

A scorecard of the Harper government's wins and losses at the Supreme Court of ...

RULING: 6-1 The ugliest Supreme Court-PMO spat yet was fought over Marc Nadon, the bowtied federal court judge Harper wanted to take Quebec's seat on...

John Ivison: Rejection of mandatory minimum law for gun crimes confirms ...

You have to admire Beverley McLachlin's sense of humour. In his crusade against the long-gun registry, Stephen Harper used to say “you don't prevent gun...

Chris Selley: Tallying up the formidable, over-the-top objections to the ...

In November 2013, Public Works switched to a more prominent location between Library and Archives Canada and the Supreme Court — a property that since...

Andrew Coyne: Supreme Court euthanasia ruling marks the death of judicial ...

Indeed, there is but one Liberal appointee, Rosalie Abella, on this most liberal of courts, Chief Justice Beverley McLachlin having been appointed by the Conservative...

Today's letters: The morality of assisted dying

Federal Court of Appeal Justice Marc Nadon ruled that, “Officers on the front line … cannot be expected to leave their experience … at home.”...

Airport search not racial profiling when based on customs officers' on-the-job ...

Ottawa Citizen “Officers on the front line, such as the officer herein, cannot be expected to leave their experience — acquired usually after many years of...

Supreme Court gathers next week to hear arguments for and against doctor ...

In 1993, the Rodriguez case was decided on a 5-4 split, with now-Chief Justice Beverley McLachlin in dissent. Chief Justice McLachlin is also the only...

Unarmed robber's threat — 'I have a gun' — was in itself a violent act ...

A Manitoba man could be spending the rest of his life in prison after a landmark Supreme Court decision found that by the simple act...

Kelly McParland: Brian Mulroney offers wise words. Will Stephen Harper be ...

He was critical of the government's handling of the environment, of its relations with the White House, with its record on the international stage, with...

Brian Mulroney blasts Stephen Harper over foreign affairs, Supreme Court spat

... Supreme Court of Canada, even if you thought that he or she was wrong,” Mulroney said in the interview broadcast on Thursday. “You don't...

Some witnesses have treated the Charbonneau commission as a confessional ...

“The pendulum has swung completely to the other side,” he said, prompting Superior Court Justice France Charbonneau, who heads the inquiry, to offer a lesson...

Who's in charge of Mr. Big?

Supreme Court of Canada Justice Michael Moldaver used supreme caution when he wrote the line into a 118-page decision, released Thursday, on the long, sad...

Brian Hutchinson: Of course Mr. Big confessions work. They rely on coercion ...

Justice Andromache Karakatsanis, in her own reasons written into Thursday's court decision. “This case is more akin to entrapment.” The Supreme Court found in the...

Supreme Court rules Nelson Hart's confession from 'Mr. Big' sting operation ...

“It would be unsafe to rest a conviction on this evidence,” the court said. However, it left up to the Crown to decide whether to...

Failed Supreme Court nominee Marc Nadon doesn't need to repay $146500 in ...

Justice Minister Peter MacKay has decided Marc Nadon won't have to repay any of the salary he earned as a Supreme Court of Canada justice...

Beware the Supreme Court, Prime Minister

More losses loom on the horizon, and members of his party begin to question aloud whether the Supreme Court is protecting democracy or just executing...

Full Pundit: Did Stephen Harper save Canada?

The 's John Ivison reports that, but for a certain “rump,” the Conservatives are generally disinclined to campaign against the judiciary for daring to stand...

Canadian politicians feel the judicial chill

Justice Michael Moldaver was blunt in his dissenting opinion in the Nadon case that his fellow Supreme Court justices were guilty of “cherry-picking” the aspects...

Lawyer who defended a Khadr and challenged Nadon appointment did it all to ...

He stuck it to the government when he successfully challenged the appointment of Marc Nadon to the Supreme Court of Canada. Now, he's at it...

'Reconciliation' with First Nations, not the Charter of Rights & Freedoms ...

After decades long battle, Supreme Court rules animator's Robinson Crusoe cartoon was ripped off · Five things to know about controversy surrounding Marc Nadon's appointment...

Fixing Canada's Divorce Act

Supporting the need for meaningful reforms, the Supreme Court has recently acknowledged material concerns with the current family law system. In a 2013 report, Justice...

Karakatsanis: Supreme Court's new trend-bucking wild card

Raised in a traditional Greek home, Andromache Karakatsanis couldn't speak English until Kindergarten and wasn't allowed to date until university – promptly marrying her husband...