Wenn die Regierungen unsere Rechte trampeln, müssen die Gerichte frei sein.
https://www.thestar.com/opinion/contributors/when-governments-trample-on-our-rights-the-courts-must-be-free-to-weigh-in-full/article_8dcffd60-1de0-472d-bc04-3bbaa177f92e.html
3 Kommentare
If „weigh in“ means „say that the law is saved by section 33 and would otherwise be unconstitutional“, I don’t have an issue with that, although I wouldn’t characterize it as declaratory relief. I expect the Supreme Court to say something like: „*Ford* is still good law and there are all only formal restrictions on the use of section 33, but some form of declaratory relief is available. Also, Bill 21 is constitutional, except as applied to the English school boards.“
Of course this is the correct view. How else are we supposed to know whether the law automatically expires after 5 years unless it is affirmatively renewed, or can stand until it is repealed like constitutional legislation?
And yet you’ll notice a HUGE amount of negative press toward the entire judiciary in Canada.
Being pushed really hard by post and rebel media outlets.
Why would they want that?