Ben Woodfinden: Finally — new Supreme Court justice doesn't think he's above Parliament
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Ben Woodfinden: Finally — new Supreme Court justice doesn't think he's above Parliament
Glenn Joyal has been warning about judicial overreach for decades
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Mark Carney has named Manitoba judge Glenn Joyal to the Supreme Court, and the appointment is good news for a reason that has little to do with how he will rule in specific cases. Joyal is that rare thing on a high court: a judge who thinks judges have become too powerful. He has argued for years, at some professional cost, that the bench has crept into territory belonging to the legislatures, and that the cure is more judicial modesty, not less. That is exactly how a judge ought to think, and is sadly in rare supply on the benches these days.
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The Chief Justice of Manitoba’s Court of King’s Bench has made his case in the open, not only in his rulings. It goes back to a master’s thesis from the early Charter years with the almost too-perfect title “Traditional Canadian Political Culture Adrift in the Era of the Charter.” His worry about what the Charter did to Canadian self-government is as old as the Charter itself, and has only grown truer since.
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