I would encourage people to read the About page before diving into this first blog post, especially the Disclaimer section… Now that that is done, enjoy!
Many commentators (often conservatives – and I use that term in its wide sense not solely its political or partisan sense – but also people who [over]value the sovereignty of Parliament) have critiqued our courts, especially the Supreme Court of Canada (SCC), of indulging in judicial activism. This was particularly true after the advent of the Canadian Charter of Rights and Freedom in 1982. These criticisms have resulted in an increased deference to the two other branches of government (legislative and executive) in public law. The Khadr 2010 decision is a perfect example. This trend is not healthy for our judicial system and I intend to show why in this post.