Monday, October 10, 2011


The Globe and Mail reports on the implications of the Insite decision :
The Insite ruling forged a new means to strike down laws if there is scientific or statistical evidence showing that a regulation worsened the danger that an individual or group faces.
It's not so outrageous, really -- in democratic theory, we elect our government because we don't want arbitrary, stupid, ideological laws and, if such laws are passed, then we have courts to strike them down.
But the tone of this article, framed with the right-wing "activist judges"epithet, makes it clear that the Harper government is simply furious. The Canadian Supreme Court dared to tell Harper that his laws should not be "arbitrary" or "grossly disproportionate" -- how dare they!

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