David Hume’s is-ought problem is oft-forgotten in Canadian political and legal circles, and it bears some repetition. We often forget the value of deduction in an algorithmic age, for computers and the science from which they stem cause us to increasingly rely on inductive logic. In this age of induction, we formulate general rules based … Continue reading Dicey’s ghost walks free
Visitors have the right to supervise and correct the affairs of a charitable corporation. The Law Society of Ontario had visitors mentioned in its charter, but this mention was removed. Does the visitor still exist? If so, what might that mean for the profession?
Visitors have all the rights of an executive, a legislator, and a judge. The three branches of government combine in a single person. If this law applies to prisons, judges can exert their powers as judges and as visitors to correct abuses in the prison system. This law then supplies a novel set of remedies to situations not covered by private nor public law.
Parliament has a legislative jurisdiction that can and should be put up against courts' jurisdiction in Charter of Rights disputes. The legislator is ultimately responsible for adjudicating disputes about societal problems. Courts have a limited jurisdiction in our adversarial system.
This note takes issue with the Court's refusal to hear more cases. I take a historical approach by examining the case of Sutton's Hospital, which was heard by the English Exchequer Chamber. The case gives us a beautiful note on which to consider the Supreme Court's function in Canada.