Those who call for censorship in the name of the oppressed ought to recognize it is never the oppressed who determine the bounds of censorship
Aryeh Neier
James C Morton
Closing the Strait of Hormuz?
It seems most unlikely that Iran would provoke an unnecessary war with the USA. So far, at least, the Iranian government has acted rationally from the standpoint of self preservation:…
Acquittal rates
In today's Wall Street Journal David Satter suggests the low acquittal rate in Russia (about one percent) shows an unfair legal system. Perhaps but perhaps not. The low Russian acquittal…
The Disaffected Lib: This One is for James Morton, Happy New Year James.
The Disaffected Lib: This One is for James Morton, Happy New Year James.
Why standing for the Hallelujah Chorus is more than just a quaint custom
This evening I was listening the Messiah and specifically the Hallelujah Chorus. I was reminded of the tradition of standing during the Hallelujah Chorus. The custom began during a performance…
Santa’s demon
Talk about a dark side to a jolly story — I, for one, am glad Santa replaced Krampus with Rudolph!!! Two figures, shrouded in a snowstorm, make their way toward…
At Christmas remember those without liberty
Pope John Paul II’s Christmas 2000 message on prisoners is frequently invoked by Pope Benedict: “Public authorities who deprive human beings of their personal freedom … must realize that they…
Generally, subordinate legislation should be construed in a manner that renders it intra vires
Shoppers Drug Mart Inc. v. Ontario (Health and Long-Term Care), 2011 ONCA 830 deals with generic drugs and their regulation in Ontario. Among other issues the Court considers whether regulations under statute are…
NORAD tracking Santa
Santa Claus has left the North Pole for his Christmas Eve journey around the world, with his reindeer-powered sleigh loaded with gifts for boys and girls. NORAD confirmed Santa took…
Can the Prime Minister or Cabinet duck Court?
This week the Prime Minister and several Cabinet members were sued for defamation — a reader asked 'can they avoid being examined because of their position?' The short answer is…
Cost consequences flowing from offers to settle do not apply on appeals
Smith Estate v. Rotstein, 2011 ONCA 833 deals with costs in the context of estate litigation. As part of the analysis the Court makes clear that the cost consequences flowing from offers to…
Helena Guergis launches defamation suit against PM, Tory party
Treated rightly or wrongly (and my sense is she was not treated fairly) this claim just doesn’t have legs. The Prime Minister is entitled to choose Cabinet for any reason…
National Securities Regulator Unconstitutional
Reference re Securities Act 2011 SCC 66 holds the proposed national securities regulatory is unconstitutional. A summary follows: Pursuant to s. 53 of the Supreme Court Act, the Governor in…
$2.5 million “national call centre”
I strongly support this. We need to have professional fund-raising with a strong volunteer lead: http://bit.ly/spJ7lK "The Liberal party wants to set up a new, $2.5 million "national call centre"…
Morton’s Musings 2011-12-21 22:03:00
The weak can never forgive. Forgiveness is the attribute of the strong.Mahatma Gandhi
Conservative MP seeks to have human rights protection for fetuses
This is almost certainly nothing more than public relations (ignore the legal analysis which is quite flawed). Stephen Harper has made it clear the issue will not be raised by…
Time to get on a veggy diet?
Gotta lose some weight after packing on the pounds: too much Christmas food!
Campaign Managers Talent Bank
As anyone who has run in an election knows, the Campaign Manager is absolutely critical. A good manager can win an election — a not so good manager is a…
Committal follows preliminary inquiry if there is some evidence from which an inference could reasonably be drawn
R. v. Pletch, 2011 ONCA 813 is another example of the principle that the test for committal following a preliminary inquiry is low: The appellants submit that the preliminary hearing judge erred…