FROM ADVOCATEDAILY: Courts have authority to make law

A recent letter to the editor of the Globe & Mail from our own (sometimes opinionated, but always polite) Timothy Sullivan got some attention this week.

From AdvocateDaily:

Judges have the authority to “make law” as a form of correcting Parliament and interpreting the Constitution, Ottawa family lawyer and civil litigator Timothy N. Sullivanwrites in a letter to the Globe and Mail.

“When courts go too far, Parliament can correct that with legislation and the constitutional override,” writes Sullivan, principal of SullivanLaw. “Conversely, when Parliament steps too far off base, being vague or contrary to the Constitution, courts can correct that with interpretive conventions. Sometimes that means ‘making law.’”

He was responding to another letter writer who said comments from newly appointed Supreme Court Justice Malcolm Rowe, referring to how “judges ordinarily make law, rather than simply applying it,” was an opinion that is both “profoundly undemocratic and deeply disturbing.”

Read the rest on AdvocateDaily.