Supreme Court of Canada Justice Morris Fish registered crisp disapproval last week as he accused his colleagues of misconstruing the meaning of consent in a sexual assault case.
Their misguided reasoning would ensure that even an innocent kiss planted on a sleeping partner could constitute a crime, Judge Fish fumed.
It was the kind of exchange that was once commonplace on the court. But no more; unanimity is the norm and rarely is heard a discouraging word. Gone are the days of internal sparring and the sparking of intellectual debate. Under Chief Justice Beverley McLachlin, the court largely avoids controversy and issues few bold judgments that could be likely to ruffle feathers or raise the hackles of legislators.
In a development that is almost certainly related, public debate over the role of the judiciary has receded. In the ongoing tug-of-war between politicians who pass laws and the judges who interpret them, Parliament is inching ahead.
Full Article
Source: Globe & Mail
Their misguided reasoning would ensure that even an innocent kiss planted on a sleeping partner could constitute a crime, Judge Fish fumed.
It was the kind of exchange that was once commonplace on the court. But no more; unanimity is the norm and rarely is heard a discouraging word. Gone are the days of internal sparring and the sparking of intellectual debate. Under Chief Justice Beverley McLachlin, the court largely avoids controversy and issues few bold judgments that could be likely to ruffle feathers or raise the hackles of legislators.
In a development that is almost certainly related, public debate over the role of the judiciary has receded. In the ongoing tug-of-war between politicians who pass laws and the judges who interpret them, Parliament is inching ahead.
Full Article
Source: Globe & Mail
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