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We look at the circumstances surrounding the retirement of Supreme Court Justice Russell Brown, who stepped down at the beginning of June to end a Canadian Judicial Council investigation. John says the loss of this judge will negatively impact the country's top court. And we also discuss Supreme Court Chief Justice Richard Wagner's recent complaint that the media is showing very much interest in the courts these days.Leonid Sirota in The National Post, Jun 21, 2023: Image-conscious Supreme Court Chief Justice failed Russell BrownBrian Greenspan and Julianna Greenspan in The National Post, Mar 26, 2023: Supreme Court Justice Russell Brown a victim of social media manipulationCTV News, Jun 12, 2023: Supreme Court Justice Russell Brown retires, ending judicial reviewJamie Sarkonak in The National Post, Jun 12, 2023: Russell Brown quits, condemning Canada to Trudeau's activist Supreme CourtToronto Star, Jun 22, 2018: Canada's top judge says Supreme Court should provide leadership at a time when fundamental values are being undermined in the worldHeather Mallick in the Toronto Star, Mar 15, 2023: From rigid and rule-bound to roguish and free-range (original title "From skunks to judges — when did the rules change?")Justice Centre, Jun 15, 2018: Freedom of association rejected by Supreme Court of Canada in Trinity Western rulingJustice Centre, May 20, 2019: 2019 Judicial Freedom IndexSupreme Court of Canada, Dec 13, 1990: R. v. KeegstraSupreme Court of Canada, May 18, 2005: Harper v. Canada (Attorney General)National Post Editorial via MSN, Jun 18, 2023: Russell Brown's departure leaves Supreme Court free to trample on libertiesCanadian Lawyer Magazine, Jun 22, 2023: Chief Justice of Canada Richard Wagner notes decline in press coverage of courts at CBA forumBruce Pardy in The National Post, Jun 2, 2022: Supreme Court undermined by chief justice condemning freedom convoyTheme Music "Carpay Diem" by Dave StevensSupport the show
In this episode of Runnymede Radio, Asher Honickman and Leonid Sirota -- long-time friends of the Runnymede Society -- debate unwritten principles in Canadian constitutionalism, in the context of the Supreme Court of Canada's decision in City of Toronto. This episode is guest hosted by Runnymede alumni Alexander Reschke.
Our host William Lundy is joined by Professor Leonid Sirota who is an Associate Professor of Law at Reading University in the UK. Professor Sirota is the founder of the Double Aspect Blog https://doubleaspect.blog/ and has written extensively on administrative and constitutional law issues. In this episode, Professor Sirota discusses the Supreme Court of Canada's 2021 Toronto (City Council) v Ontario decision, arguing that the majority opinion goes too far in holding that constitutional principles can never be used to invalidate legislation.
Our host William Lundy is joined by Professor Leonid Sirota who is an Associate Professor of Law at Reading University in the UK. Professor Sirota is the founder of the Double Aspect Blog https://doubleaspect.blog/ and has written extensively on administrative and constitutional law issues. In this episode, Professor Sirota discusses the Supreme Court of Canada's 2014 Senate Reference decision, which he argues effectively incorporated certain constitutional conventions into constitutional law.
The Supreme Court of Canada's judgment in Ward v Quebec represents a victory for free speech in Canada... but it was a disturbingly narrow victory. MLI Domestic Policy Program Director Aaron Wudrick spoke with Leonid Sirota, a renowned scholar of public law, about what the Ward case, and other challenges to freedom of expression, mean for Canada's democracy.
On this episode of the podcast, Hilary Young, Oliver Pulleyblank and Robert Danay discuss the recent decision of the Quebec Court of Appeal in 9147-0732 Québec inc v Directeur des poursuites criminelles et pénales, 2019 QCCA 373 in which a majority of the Court found that corporations enjoy protection against cruel and unusual punishment under s. 12 of the Canadian Charter of Rights and Freedoms. Rob mentions an interesting blog post on the case by Leonid Sirota. In obiter dicta, Oliver discusses his favourite spring beverage and issues a challenge to Hilary to identify the perfect spring beer. Find us on @twitter or Facebook Send us your voice memo recorded questions, comments or replies to robert@stereo-decisis.com Become a patron of the pod on Patreon and leave us a rating and a review wherever you got this podcast.
Does every vote actually count? AUT Lecturer and expert in constitutional law Leonid Sirota doesn't think so, and on this episode of Afraid to Ask, we delve right into his relatively unpopular opinion when it comes to election season. Let us know what you think, and don’t forget to submit your question at #askAUT Music: Go Cart - Loop Mix Kevin MacLeod (incompetech.com)Licensed under Creative Commons: By Attribution 3.0 Licensehttp://creativecommons.org/licenses
In May 2017, Saskatchewan premier Brad Wall announced his government's intention to respond to a court decision holding that public funding for non-Catholic students who wished to attend Catholic schools violated state obligations of religious neutrality by use of the Charter's notwithstanding clause. In this episiode, we debate the proposition: Regardless of the merits of the Good Spirit School Division decision, the government of Saskatchewan was justified in stating its intention to invoke the s. 33 notwithstanding clause in response to it. Participants: Maxime St-Hilaire, Université de Shebrooke, Leonid Sirota, AUT Law School, and Geoffrey Sigalet, Stanford Law School. Links: Saskatchewan's Brad Wall and the rehabilitation of the Charter Chekhov's Gun Les leçons de Jordan, III: À QUELLES CONDITIONS EST-IL LÉGITIME DE DÉROGER AUX DROITS CONSTITUTIONNELS FONDAMENTAUX?
How has the Charter fundamentally changed Canadian politics? Discussion with Chief Justice (Manitoba Court of Queen's Bench) Glenn Joyal about Canada's founding ideological mélange and strands of liberal neutrality, communitarianism, and Westminster supremacy, the shift in political culture effectuated by the Charter, the notwithstanding clause, and how courts and legislatures can collaborate in articulating rights. CJ Joyal also responds to Leonid Sirota's critique of his speech. Text of Chief Justice Joyal's speech: http://www.ruleoflaw.ca/the-charter-and-canadas-new-political-culture-are-we-all-ambassadors-now/
Leonid Sirota, Lecturer at AUT Law School in Auckland, New Zealand, and author of Double Aspect Blog, discusses originalism, the legal interpretive theory which posits that a law's original meaning should govern its subsequent interpretation and application. We discuss whether originalism has been rejected by Canadian courts, particularly the Supreme Court of Canada, the normative case for (and against) originalism, common criticisms, and why the 1L constitutional law staple Reference re Persons doesn't mean what you think it means. Dr. Sirota's talk at the Université de Montréal can be viewed here.
The former federal government has been criticized for allegedly picking judges based on political considerations and in a non-transparent manner. In the second part of a two-part episode on the federal judicial appointment process, we look into whether the current process needs to be reformed and, if it does, how. We speak with Leonid Sirota, J.S.D. Candidate at the New York University School of Law and Professor Rosemary Cairns Way from the University of Ottawa's Faculty of Law.