The utilitarian belief that individual rights to speak freely are somehow less important than the right of others to not be offended is ludicrous in so many ways. For the top court of the country to support it brings many questions of its legitimacy and effectiveness in protecting the fundamental freedoms that we supposedly enjoy.

Numerous examples, as recent and divergent in character as Hutu Power and the suicide of Amanda Todd, establish the causal relationship of hateful expression and material harms. And who can doubt the cranking of the thermostat which would occur if the William Whatcotts had their way? Viewed in this sense, Canadian hate speech laws may best be characterized not only as a striking of balance but as an essentially pre-emptive effort. But the Flanagan case reminds us that even in the absence of a formal criminal charge, an offended majority will impose its justice of the marketplace.

The Supreme Court of Canada on Thursday ruled that burka-clad women are allowed to keep themselves burka'd whilst testifying at trial. Or something like that. "Sometimes niqab in court will be OK. Sometimes niqab will not be OK," David Frum summarizes.

OTTAWA - The Supreme Court of Canada says several major public unions are not entitled to a $28-billion pension surplus that the government hived off ...

OTTAWA - The Supreme Court of Canada is being asked to settle a seven-year battle to lift the shroud of secrecy over a decades-old intelligence dossie...

As the lawyers who represented Borys Wrzesnewskyj in his contested election application, the four to three Supreme Court of Canada decision to uphold the election result in Etobicoke Centre was, of course, disappointing. Hopefully the decision of the Supreme Court will lead to real and meaningful electoral reform which will reduce or eliminate the issues that led to this application. While the majority decision acknowledges that "imperfection" and "uncertainty" are a part of the electoral process, Elections Canada should always strive to eliminate them.

One of the most contentious issues facing the 41st Parliament is Motion 312. My feelings on the abortion issue are complex and have evolved over time. I have come to the conclusion after years of deliberation and inner debate that I am both Pro-Choice and Pro-Life.

OTTAWA - Three Conservative MPs, a New Democrat and a Liberal will help select the Supreme Court of Canada's next judge.The federal government says Co...

The U.S. has now agreed to transfer Omar Khadr to a Canadian prison to serve the remainder of his sentence. By law, the Canadian government should not obstruct his transfer to a Canadian prison. Here is why we believe it is time to repatriate Omar Khadr ASAP.

OTTAWA - The Supreme Court of Canada has set aside the acquittal of a man charged with sexually assaulting a developmentally challenged woman, and ord...

Canada's top court is hearing the case of two HIV-positive Canadians who did not disclose their medical condition to their sexual partner...