25 Oct

Finally… now how can we fix the SCOC…

National Post | Full Comment

Eighty-three years ago this month, on Oct. 18, 1929, the British Empire’s senior jurist, Lord Chancellor John Sankey, ruled that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits.” The way the Supreme Court sees it, these words give Canada’s courts the authority to unilaterally rewrite our country’s Constitution.

It might seem odd, to an outside observer, that so massive a power-grab would rest on the authority of a single 83-year-old precedent — particularly when the precedent is just a metaphor. Nonetheless, since 1980 Lord Sankey’s living tree has been so regularly cited by the Supreme Court that Chief Justice Beverly McLachlin refers to it as the “animating premise” of Canadian constitutional interpretation.

For example, here is the Court’s assertion that it can turn an area of formerly exclusive provincial jurisdiction into a shared federal-provincial responsibility: “If the Canadian…

View original post 745 more words

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: