Background The intersection of these two classes of ‘rights’ has come to public attention because of a ruling from the Supreme Court of British Columbia which said, in short, that aboriginal land rights supersede private property rights awarded by the government. This ruling has, not surprisingly, caused some consternation among those holding private property rights […]

Challenges to President Trump’s Executive Order banning birthright citizenship have reached the US Supreme Court.  The Executive argues that times and context have changed since the liberation of the slaves, that there are new social problems and imperatives.  Therefore, a new racial, cultural and social context means that the interpretation of birthright provision should be […]

Do you remember getting booted out of the house after watching too many TV shows?  Do you remember sending in coupons to cereal or other sellers of addictive products in order to get a prize?  Do you remember being told that your schoolmates or neighbours would think you had achieved a certain social status if […]

I have an interest in naval history, don’t know why.  Perhaps Hornblower stories in the ‘50s? So a recent YouTube doc on the battle of Jutland (Skaggerak), 1916, was quite a surprise.  This took a much more causal (?) than temporal view. Battle Of Jutland: The Naval Disaster That Won WW1 As examples: In both […]

Consider this: There is much religious symbolism in the governance of Canada. Our Charter of Rights takes as a given that Canada is founded upon principles that recognize the supremacy of God and the rule of law.” The Charter asserts that Freedom of Religion is a fundamental right. Our National Anthem invokes “God keep our […]

There are many reasons to criticize the US Supreme Court, but I think the label partisan is mis-guided.  All Justices reject the partisan party label, and surely we can give some credence to their statements.  After all, the are credible legal authorities of long standing.  But why, one could ask, do the Judges seem to […]

Our democracy has its roots in the defiance of tyranny; it did not grow out of the soil of good will, fair play and due process. A major event in the establishment of modern democracy is Magna Carta – demands against an absolutist King – which established (among many other important and local rights) the […]

Citizens should oppose pre-emptive use of the Notwithstanding Clause. Those drafting the Canadian Charter of Rights and Freedoms cast a broad net for invocation of the Notwithstanding Clause (Sec. 33).  The clause allows any Canadian legislature (including Parliament) to declare that an Act, or clause within an Act, of the legislature can operate ‘notwithstanding’ the […]

Influencers are mostly self-created, by millennials, teens or younger.  Their small videos – usually very clever and/or funny, sometimes moving – are uploaded to and shared on one or more social media platforms; these generate ‘views’, ‘likes’ and possibly ‘subscribers’, each generating more potential revenue for the influencers.  The influencer then markets her/his/their popularity to […]

In the last half of 2024, Parliament has experienced two events with constitutional implications: Parliamentary Authority In a constitutional democracy, the authority of Parliament is absolute.  In the past, Parliament has chosen to limit or bind its authority through constitutional measures such as the Charter of Rights and Freedoms.  These limits are self-imposed (although changing […]