The Globe and Mail

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Supreme Court justice offers explanation for LGBTQ decision

Supreme Court Justice Richard Wagner says he did not purposely exclude LGBTQ advocacy groups from participating in a major case pitting equality rights against religious...

Supreme Court seat open to applicants from the North

Prime Minister Justin Trudeau has opened the process to choose the next Supreme Court justice and for the first time, candidates from the North are...

Globe editorial: Is the Supreme Court reconsidering the Jordan decision? Let's hope so

They are now before the Supreme Court of Canada, where Justice Michael Moldaver, one of the coauthors of the Jordan decision, raised questions about its...

Supreme Court wary of prosecutors' requests for trial-delay tolerance

Federal and provincial prosecutors urged the Supreme Court of Canada to be more tolerant of unexpected delays in criminal proceedings, and to crack down on ...and...

Courts shaken by search for solutions to delays

He had been on the Supreme Court for four years when the Jordan case arrived in 2015. As Mr. Jordan's lawyer, Eric Gottardi of Vancouver,...

Nadon appointment rejected on technicality, Justice Cromwell says

Retiring Supreme Court Justice Thomas Cromwell says the court's historic rejection of Stephen Harper's judicial nominee Marc Nadon was “very unfortunate” and had nothing to...

Nadon appointment rejected on technicality, Justice Cromwell says

CBC.caRetiring Supreme Court Justice Thomas Cromwell says the court's historic rejection of Stephen Harper's judicial nominee Marc Nadon was “very unfortunate” and had nothing to...

Toronto lawyer watching Trudeau's Supreme Court pick closely

Rocco Galati, whose 2013 challenge led to the Supreme Court's historic rejection of Justice Marc Nadon, said he believes Prime Minister Justin Trudeau is constitutionally...

Ottawa overhauls process for selecting Supreme Court justices

... Minister Justin Trudeau announced Tuesday that former prime minister Kim Campbell has been selected to chair a new seven-member advisory board that will be...

Doing justice to her father's dream

Rosalie Abella was inspired to become a lawyer after her father's own hopes of a legal career were shattered by his status as a Jew...

Supreme Court upholds law punishing child sex offenders retroactively

Justice Rosalie Abella dissented on the Internet ban, saying the Charter's protection against retroactive punishment is unequivocal, and the prosecution's justification for it – reducing...

Trudeau faces diversity challenge in Supreme Court judge selection

The opening comes with the upcoming retirement of Justice Thomas Cromwell of Nova Scotia and convention dictates that his successor must come from Atlantic Canada.

Liberals to allow self-nominations for Supreme Court vacancy

Justice Cromwell publicly announced his retirement in March. The fall session of the Supreme Court begins on Oct. 3. Documents for cases usually arrive two...

Newfoundland to remain without judge on Supreme Court

The Globe and Mail - The ...The Globe and MailNewfoundland and Labrador will remain the only province never to have a judge on the Supreme...

Supreme Court ruling protects federally regulated workers from unfair dismissal

“A dismissal without cause is not per se unjust, as long as adequate notice is provided,” Justice Russell Brown and Justice Suzanne Côté wrote for...

Ginsburg's attack on a presidential nominee – even Trump – taints the court's integrity

In the twilight of his prime ministership, Stephen Harper attacked Chief Justice Beverley McLachlin for, he claimed, trying to interfere in his decision to nominate...

Supreme Court updates guidelines on ensuring right to timely trial

The old guidelines do “not address this culture of complacency,” justices Michael Moldaver, Andromache Karakatsanis and Russell Brown wrote for the majority, with justices Rosalie...

Supreme Court rules police can swab a suspected rapist without a warrant

(subscription) (subscription)In a ruling that adds to police powers in investigating rape, the Supreme Court of Canada says police have the right to take...

Supreme Court clarifies Canada's bestiality law with ruling

(subscription) (subscription)“Penetration has always been understood to be an essential element of bestiality,” Justice Thomas Cromwell wrote on behalf of the majority. “Parliament adopted...

The door to reconciliation is truly open

(subscription) (subscription)This country's policies of forced assimilation through education, which the TRC, Supreme Court Chief Justice Beverley McLachlin and former prime minister Paul Martin...

Atlantic premier drops from second to last in cross-Canada popularity poll

(subscription) (subscription)And Supreme Court Justice Rosalie Abella is the first Canadian woman to receive an honorary degree from Yale. WHAT EVERYONE'S TALKING ABOUT. Nik...

Supreme Court judge first Canadian woman to receive honorary Yale degree

(subscription) (subscription)Supreme Court Justice Rosalie Abella has become the first Canadian woman awarded an honorary degree by Yale University in its 315-year history. In...

Kate Taylor: Should the law protect original research?

(subscription) (subscription)Justice Keith Boswell of the Federal Court released a decision Tuesday dismissing a claim that Maltz and her fellow filmmakers, Barbara Bird and...

Why judges should have the final word in medically assisted suicide

This safeguard has a history of judicial recognition and use in the context of medically assisted dying. Supreme Court Chief Justice Beverley McLachlin imposed it...

Supreme Court strikes down Tories' tough-on-crime laws

It was the same legal argument – using hypothetical cases to strike down a three-year minimum sentence for illegal gun possession – that sparked a...

Can the Liberals resist omnibus bills?

... the accepted understanding of an omnibus bill by tacking on subjects to its budget bills that had nothing to do with the budgets (such...

Jody Wilson-Raybould: The justice minister without precedent

One of the first actions out of her office was to request a six-month extension to a deadline set by the Supreme Court, which last...

Newfoundland lobbies Ottawa for spot on Supreme Court

Justice Laura Mennie, the only functionally bilingual judge on either of the two highest courts, joined the Newfoundland and Labrador Supreme Court only in 2014.

Supreme Court vacancy a chance for Trudeau to reform appointment process

But two years ago, he cancelled both the parliamentary selection committee and the public hearing, after The Globe revealed the secret list of candidates from...

Canada's Catholic hospitals in a tough spot on assisted death

... of religion of individuals cannot flourish without freedom of religion for the organizations through which those individuals express their religious practices and through which...

Does the Supreme Court of Canada need more checks and balances?

NBCNews.comThe Harper government scrapped both processes, angered at the rough reception and ultimate rejection of its nomination of Marc Nadon. Serious questions were raised about...

Why Canadians should pay more attention to their Supreme Court

Heightened political scrutiny means Americans are acutely aware of the role their Supreme Court plays in their democracy and, accordingly, pay due attention to it.

Retired Canadian jurists respectfully dissent from Scalia's approach, style

Mr. Harper's Supreme Court appointments of Russell Brown and Marc Nadon (whose appointment was rejected by the Court) also owe something to the search for...

Life-and-death drama plays out in the Supreme Court

Chief Justice Beverley McLachlin, the only judge who was also on the court for the Rodriguez challenge, delivered the denouement in conjunction with the remaining...

Supreme Court seeks compromise to allow doctor-assisted death

Justice Rosalie Abella asked Mr. Frater whether individuals could go to a judge for approval during an extension in which the right to an assisted...

Lawyers who fought Nadon's Supreme Court appointment ask for pay

The lawyers who challenged the Harper government's ultimately aborted appointment of Justice Marc Nadon to the Supreme Court of Canada go before a court on...

Supreme Court backs judge's right to impose stiff sentence for drunk driving

Those two judges, Clément Gascon of Quebec and Chief Justice Beverley McLachlin, stressed the principle of restraint (the “lightest possible sanction in the circumstances”) in...

Liberals move controversial anti-communism monument away from Supreme Court

The site was one of the most controversial aspects of the project, according to critics, including Ottawa Mayor Jim Watson and Supreme Court Chief Justice...

The Supreme Court gives a boost to refugees

As Canada prepares to accept planeloads of Syrian refugees, it is good to know that the Supreme Court of Canada has put its own stamp...

Dissenting judges call extradition ruling 'Kafkaesque'

For what appears to be the first time in Supreme Court history, dissenting judges have accused the majority of “Kafkaesque” justice after the court ordered...

Supreme Court sides with Tamil teen in failed refugee claim case

“Giving it an overly broad interpretation risks creating a separate, freestanding immigration process, something Parliament clearly did not intend,” Justice Michael Moldaver wrote in an...

Former Supreme Court judge Marshall Rothstein says court not anti-business

Retired Supreme Court of Canada justice Marshall Rothstein says it is wrong to characterize a run of recent Supreme Court decisions, ranging from enshrining the...

Alberta not obliged to translate laws into French, Supreme Court rules

"Alberta is constitutionally required to enact, print and publish its laws and regulations in both French and English,” wrote Justice Richard Wagner and Justice Suzanne...

After a decade-long Conservative reign, what's on Trudeau's justice agenda?

But then he killed his own reforms after The Globe revealed the machinations behind the failed 2013 appointment of Supreme Court justice Marc Nadon. Parliament...

Canada's senior public officials targeted by little-known corruption law

Canada is preparing to embark on a far-reaching program of financial surveillance of senior public officeholders, from Prime Minister Stephen Harper, Governor-General David Johnston and...

Diverse opinions are the cornerstone of a judiciary

Granted it's not for lack of trying, as the failed attempt to name Marc Nadon to the Supreme Court suggests. Still, none of Mr. Harper's...

Another aboriginal-title lawsuit might help fill a yawning gap

The Supreme Court (including Chief Justice Beverley McLachlin, who recently spoke about the “cultural genocide” inflicted upon native Canadians), said that aboriginal title can be...

It's time for police to drop the 'Mr. Big' strategy

The Mr. Big strategy is banned in the U.S., Britain and Germany, among other places. Writing for the top court last year, Justice Michael Moldaver...

Inspired by the veiled threat: Give Up A Right Day

On Tuesday the courts dismissed the government's appeal of Ms. Ishaq's case and on Wednesday the Tories pushed back, promising to take this to the...

What drives Harper?

... Mr. Ibbitson's outrage at Mr. Harper for: one, his government's decision to deep-six the long-form census, a decision he attributes to the Prime Minister...