Wednesday, April 9, 2008

Bastarache J.

Supreme Court Justice Michel Bastarache is retiring at the end of the spring session. This is the kind of time we can all let out a big sigh of relief that there is a broad consensus on the Supreme Court of Canada in a fundamentally liberal approach to constitutional interpretation. As opposed to the division on the US Supreme Court between the originalists (Scalia, Thomas, etc) and liberals (Breyer, Ginsberg, etc). So hopefully we will see less politics in the decision on Bastarache's successor. The Supreme Court is regionally balance. Bastarache was from New Brunswick, so the next justice will come from Atlantic Canada. Usually it rotates between New Brunswick and Nova Scotia. Likely an appellate court judge or academic, like a law school dean or constitutional scholar or someone like that.

Some interesting cases authored by Bastarache J.:

Harper v. Canada (Attorney General) - Upheld constitutionality of law that limited election advertising spending by third parties. And yes, that's Stephen Harper.

Lavoie v. Canada - Upheld constitutionality of giving hiring preference to citizens for public service jobs.

Pushpanathan v. Canada (Minister of Citizenship and Immigration)
- Leading case in Canada on the standard of review of administrative decisions by appellate courts.

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