A recent letter to the editor of the Globe & MailÂ from our own (sometimes opinionated, but always polite) Timothy Sullivan got some attention this week.
Judges have the authority to â€œmake lawâ€ as a form of correcting Parliament and interpreting the Constitution, Ottawa family lawyer and civil litigatorÂ Timothy N. Sullivanwrites in a letter to theÂ Globe and Mail.
â€œWhen courts go too far, Parliament can correct that with legislation and the constitutional override,â€ writes Sullivan, principal ofÂ SullivanLaw. â€œConversely, when Parliament steps too far off base, being vague or contrary to the Constitution, courts can correct that with interpretive conventions. Sometimes that means â€˜making law.â€™â€
HeÂ was responding to another letter writer who said comments from newly appointed Supreme Court Justice Malcolm Rowe, referring to how â€œjudges ordinarily make law, rather than simply applying it,â€ was an opinion that is both â€œprofoundly undemocratic and deeply disturbing.â€
Read the rest on AdvocateDaily.