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Grounded on the intuition that the legal profession supports the rule of law, these 6 papers examine the historical perspective on threats to the rule of law, the sufficiency of the current Canadian legal framework to support this ideal and how the principle of stare decisis as observed by the Supreme Court of Canada undermines the spirit of the rule of law.
This volume is a collection of six papers developed from the Runnymede Society’s 2018 national conference by a community of legal experts in response to Supreme Court of Canada Justice Rosalie Abella’s comment that “the phrase ‘rule of law’ annoys her”.
Grounded on the intuition that the legal profession supports the rule of law, the papers examine the historical perspective on threats to the rule of law, the sufficiency of the current Canadian legal framework to support this ideal and how the principle of stare decisis as observed by the Supreme Court of Canada undermines the spirit of the rule of law. The volume also discusses how the law relating to Aboriginal title and the duty to consult fails to adhere to the Rule of Law standards and therefore to the detriment of indigenous and non-indigenous Canadians alike.
Features
In-depth study of origins of legal theories
Focused examination of impact of doctrine of rule of law on development of aboriginal law in Canada
Thought-provoking critiques from leading scholars of grounded legal doctrines
Critical appraisal of the history of legal education in Canada
Attacks on the Rule of Law from Within is a collection of papers developed out of Supreme Court Law Review, Second Series.
Joanna Baron is Executive Director of the Canadian Constitution Foundation, a legal charity which defends the rights and freedoms of Canadians in courts of law and public opinion. Previous to that, Joanna was the founding National Director of the Runnymede Society.
A native of Toronto, Joanna studied classical liberal arts at St. John’s College, MD, and earned civil and common law degrees at McGill University. She clerked at the Court of Appeal for Ontario and was called to the bar in Ontario in 2013. Following her clerkship, Joanna worked in barrister’s chambers in London, UK as a Harold G. Fox Scholar. Following her return to Canada in 2014, Joanna practiced criminal law with the late Edward L. Greenspan, appearing at all levels of court in Ontario, including the Supreme Court of Canada.
Joanna also writes about politics, culture, philosophy and the arts with recent publications in City Journal, the Walrus, the Globe and Mail, the National Post and Standpoint UK. She is a regular commentator on legal and cultural issues on radio and news.
Maxime St-Hilaire holds a doctorate in law (LLD) from Laval University and is an associate professor at the Faculty of Law at Université de Sherbrooke, where he
teaches constitutional law and legal philosophy. In 2021, he won this University’s research and creation award, in the human sciences category, for his book titled Les Positivismes juridiques au XXe siècle. Normativismes, sociologismes, réalismes (PUL, 2020). In 2014, he won the “Prix Minerve 2014” award for his book titled La lutte pour la pleine reconnaissance des droits ancestraux: problématique juridique et enquête philosophique (Yvon Blais, 2015). He co-edited, with Joanna Baron, the book/special-issue Attacks on the Rule of Law from Within (Lexis/SCLR, 2019), and has published more than 35 articles and chapters, among numerous other publications in scholarly and media sources, and given more than 60 talks around
the world. While a doctoral student, he served as law clerk to the hon. Marie Deschamps J., at the Supreme Court of Canada (2009-10), after an internship at the Venice Commission (2007-8).