Magna Carta was about what the state could not do. In this Brave New Constitutional Order judges may order the other branches about without bothering with proper procedure. Including Justice Claire L’Heureux-Dube’s 2004 “courts are taking the lead in changing society’s attitudes to same-sex partnerships.” Where’s that in the Charter? (Frustration at which may partly explain, but does not remotely justify, Trudeau’s manhandling of MPs on Wednesday.) The Supreme Court in rejecting Marc Nadon asserted control of its own membership.
Source: National Post May 24, 2016 05:45 UTC