Elected oversight of municipal (or provincial) police forces is, as I indicated in my previous post, a difficult system by which to enforce standards on police. Foremost among the difficulties of this system: the relative lack of enforcement power granted to these boards. A corollary difficulty is the civilian nature of the oversight. Lack of … Continue reading Oversight awry: municipal police and elected oversight bodies, part II
The problem and our typical solution This analysis of police supervision in Canada, the United Kingdom, and the United States will appear in two parts. The first part breaks down the problem with civilian policing oversight; the second part addresses the issue with reference to English precedents that were received in Canada and the United … Continue reading Oversight awry: municipal police and elected oversight bodies, part I
Democracy Watch, an organization that works toward empowering Canadians and Canadian democracy, again turned to Federal Court to challenge the Canadian judicial appointments process. The organization’s frequent turns away from democratic institutions like Parliament speak to dwindling confidence in any sort of responsible government. The organization’s judicial challenge, in this case, speaks to the continuing … Continue reading Colonial illness haunts Canada’s Parliament
The Nova Scotia House of Assembly has ground to a standstill for the nine months that COVID-19 has raged throughout the world. I contend that this legislative inaction can either be attributed to the hyper-politicization of parliamentary procedure or to uninformed members stumbling through the motions. Either case is concerning, and it should concern all … Continue reading Nova Scotian House of Assembly does not sit for nine months
Judicial visits of the Canadian prison system allow judges to witness firsthand the conditions in which Canadian inmates live.
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.