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While the interpretation of Canadian constitutional laws has long been carried by a teleological wave, a textualist backlash has emerged in recent years. This article questions this trend and argues that the teleological method remains the most appropriate for constitutional interpretation.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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"In September 1945, Canada proposed exiling Japanese Canadians to Japan, a country devastated by war. Thousands who had experienced internment and dispossession were now at risk of banishment. In Challenging Exile, Eric M. Adams and Jordan Stanger-Ross detail the circumstances and personalities behind the exile. They follow the lives of families facing government orders that uprooted them from their homes, stripped them of their livelihoods and possessions, and proposed to exile them from Canada. And they analyze the court case in which lawyers and judges grappled with the meaning of citizenship, race, and rights in times of war and its aftermath. Unfolding in a context of global conflict, sharpened borders, and racist suspicion, the story told in Challenging Exile has enduring relevance for our own troubled times."--Page 4 of cover.
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The lawyer’s duty to encourage respect for the administration of justice remains largely amorphous and abstract. In this article, I draw lessons about this duty from historical instances in which Attorneys General inappropriately criticized judges. Not only are Attorneys General some of the highest-profile lawyers in the country, but they also face unique tensions and pressures that bring their duties as lawyers into stark relief. I focus on the two instances where law societies sought to discipline Attorneys General for such criticism of judges, as well as a more recent instance in which no discipline proceedings were pursued. I also consider the obligations of Attorneys General when other Ministers inappropriately criticize judges. I conclude that a lawyer must take all reasonable steps in the circumstances to confirm the factual and legal accuracy of any criticism of the judiciary; that law societies should allow reasonable but defined latitude for public criticism of judges; and that, where a client inappropriately criticizes the judiciary, their lawyer must make good-faith efforts to urge the client to discontinue and apologize for such criticism—and if those efforts are unsuccessful, the lawyer must repudiate that criticism themselves or withdraw.
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"Legal ethics experts Alice Woolley and Amy Salyzyn have written a thorough and scholarly review of the legal and ethical duties every lawyer should follow to manage risk and make prudent decisions in everyday practice. This useful text sets out numerous ethical issues lawyers face in their dealings with clients – complete with analysis, commentary and insight. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice."-- Provided by publisher.
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Joyce DeWitt-Van Oosten, National Criminal Law Program, 2022 CanLIIDocs 4780
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