Adam Dodek, University of Ottawa law professor, is an award-winning author of books on Canadian law and ethics. His works include "The Canadian Constitution" and "Solicitor-Client Privilege." Dodek has received multiple accolades for his contributions to legal scholarship and wri
www.adamdodek.ca
Canada's laws system does not believe any foundational fundamental truths. Just tree the constantly grows and need occasionally pruning.
20 or 30 years ago the left-leaning judges on the US supreme court were talking about "emanations" and "penumbras" of the Constitution to justify their unconstitutional opinions
Judicial activism is anathema to democracy. I look at it like this, a constitution is the skeleton on which you hang the flesh of the state. And like a skeleton the constitution can, and was made, to bend certain ways, but if you bend in ways which are against it's nature you break it. Today our constitution is like this.
The judge ruled Wednesday that Cycle Toronto and others "have established that removal of the target bike lanes will put people at increased risk of harm and death, which engages the right to life and security of the person."
These people can't be serious. Bike lanes for the most part are an eye sore, waste of space and a waste of money. Outside of the major routes, they rarely get used and are completely useless in the winter.
Moreover, the removal of these bike lanes “will put people at increased risk of harm and death, which engages the right to life and security of the person.” Hence, the ruling stated that “any steps taken to ‘reconfigure’ the target bike lanes that removes their protected character for the purpose of installing a lane for motor vehicles in order to reduce congestion, would be in breach of s. 7 of the Charter.” (This particular section of the Canadian Charter of Rights and Freedoms ensures that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”)
I feel like the came about because of what commie Hamilton did to their streets. They made the city unnavigable with absurd bike lanes everywhere on major thoroughfares. Except they have a major port and steel mills so now all the trucks have to take a detour to get there. The fuel burn from going around negates any bike riding greeny leaving his prius home.
Alberta's transportation minister says he's watching results unfold in Ontario and will use it as a guide for how Alberta may also rule on municipal bike lanes.
www.ctvnews.ca
This also exposes the nature of their system. It works like the USA system which can override the executive branch some how.
These activist judges need to be removed and found out. Looks like we found one.
Yes, this could set a precedent, and if it goes to the Supreme Court and they uphold it, well we are all fucked! And this is why I believe in Parliamentary (Legislative) Supremacy. Sure Parliament is just a bunch of thieves and bastards but at least they are elected thieves and bastards and we have a theoretical ability to remove them. Once in office Judges are legally gods on earth and what they say is undisputable law. This is why we have to abolish the charter and enshrine Parliamentary Supremacy. Oh and make Judges have 5 year terms, removable in case of misconduct and maybe elected (I'm still debating that, remember Trudeau was elected.)