Quote:
Originally Posted by MBates
Sorry, at risk of a bit of a derail, I have to disagree here.
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In some cases you seem to like arguing for the sake of it, which, fine, but come on. We both know there is a world of difference between the situation in the United States and the situation here. We are not teetering on some precipice that could swiftly lead to our judicial situation becoming like it is down there. And yes, sure, the observation of norms has a lot to do with that, but there is a significant difference in the politicization of the judiciary between the two countries, and linking to a globe article isn't going to convince anyone otherwise. This is a culture that has been festering down there for decades.
As for the importance of the PC, we're literally talking about a situation where the courts are being used for an attempted coup. The PC doesn't have that type of power. And we can argue all day about their role in interpreting the Charter, and whether or not appellate courts would ever allow a consequential, politically motivated ruling with broad implications to stand simply because of facts found at first instance, but it would be pointlessly hypothetical and, as you said, a total derail.
Lessons learned are well and good, but the suggestion that Canada is at risk of becoming like the USA in this regard (or even at greater risk due to our parliamentary system) is hyperbolic and alarmist to the point of silliness.