Quotulatiousness

November 23, 2011

BC Supreme Court upholds law against polygamy

Filed under: Cancon, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 13:34

I’m somewhat surprised that the court upheld the existing law: I’d expected them to strike it down as overbroad.

Polygamy remains a crime in Canada, B.C. Supreme Court Chief Justice Robert Bauman ruled Wednesday. In his ruling, Bauman said the law violates the religious freedom of fundamentalist Mormons, but the harm against women and children outweighs that concern.

Bauman reserved judgment on the landmark case in April, after hearing 42 days of legal arguments during the unusual reference case, with opposing parties arguing the right to religious freedom and the risk of harm polygamy poses to women and children.

The constitutional issue was referred to the B.C. Supreme Court by the provincial government after polygamy charges laid against Bountiful, B.C., Mormon leaders Winston Blackmore and James Oler were stayed in 2009.

While this particular case involved Mormons, the majority of people whose marital arrangements would be affected are Muslims: there are an unknown (but growing) number of polygamous marriages among recent Muslim immigrants to Canada. If the existing law had been struck down, there would have been a scramble among regional and local government agencies to cope with the expected increase in demands for appropriate housing and support from newly legal multi-spouse families.

October 19, 2011

Supreme Court rules that linking to defamatory material is not libel

Filed under: Cancon, Law, Media, Technology — Tags: , , , , — Nicholas @ 12:03

The Supreme Court of Canada makes the common sense ruling:

Hyperlinking to defamatory material on the internet does not constitute publishing the defamatory material itself, the Supreme Court of Canada ruled Wednesday.

The ruling will alleviate fears that holding someone liable for how they use hyperlinks on websites, personal ones or others, could cast a chill on internet use.

The responsible use of the internet and how traditional defamation law applies to modern technologies were at issue in this case, which was watched closely by media organizations and civil liberties groups.

How someone can protect their reputation in the internet age when content is passed around with the quick click of a button was also considered in the case. On social media websites such as Facebook and Twitter, users often share links, and the court’s ruling could have dramatically disrupted that function had it gone the other way.

In its unanimous decision, the court said a hyperlink, by itself, should never be considered “publication” of the content to which it refers. But that doesn’t mean internet users shouldn’t be careful about how they present links. The court says that if someone presents content from the hyperlinked material in a way that repeats the defamatory content, they can be considered publishers and are therefore at risk of being sued for defamation.

October 15, 2011

The secret way Supreme Court justices are appointed

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 12:07

Christie Blatchford isn’t a fan of the secret and convoluted way that our Supreme Court is staffed:

According to the latest serious rumour, Prime Minister Stephen Harper and Justice Minister Rob Nicholson are poised to make two appointments to the Supreme Court of Canada.

The two will be chosen from a secret short list of six names produced by an all-party selection committee which whittled down a bigger secret list (given to them by the Justice Minister after his officials mysteriously came up with what is believed to have been 12 names) and only after consultation with unnamed officials from provincial law societies and law schools and unnamed senior judges.

[. . .]

The lack of openness is a particular concern with the Supreme Court, which, as has been evident recently, and even in its current ostensibly non-activist form, is plenty activist about telling government when it is wrong.

I refer of course to the Insite decision, which effectively told the federal government, particularly the former health minister Tony Clement, that its policy against this particular supervised injection site was arbitrary, ill-conceived and violated drug users’ rights to “life, liberty and security of the person” as defined by the Charter of Rights.

As it happens, in the end I reluctantly concurred with the result (that Insite stays open), but there’s no getting away from the bottom line that a group of unelected judges over-ruled the elected government and effectively legislated policy, albeit in a specific case.

[. . .]

Canadians are comforted by the fact ours isn’t like the American system, where presidential appointments to the Supreme Court have to be confirmed by the U.S. Senate (such an unseemly business, such a circus) and where, o! the horror, some lower-court judges actually run for office.

How is it better to have kings emerge from a secretive inside-baseball process, for all we know involving a witches’ chants and eye of newt, than to vote for them?

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