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JD AdmissionsGet the inside scoop on applying to our JD program directly from the Faculty of Law Admissions Office and hear from current law students. 

Learn about our whole-person admission process and how to improve your application to our JD program. 

Prof. Simon Stern cited in SCC decision on copying in trial judgements

Friday, May 24, 2013

It its decision on the case Cojocaru v. British Columbia Women’s Hospital and Health Centre, the Supreme Court of Canada cites work by Prof. Simon Stern about the degree to which a judge's copying from other sources in a trial decision, with or without attribution, should affect the validity of the decision. The decision quotes at length from Prof. Stern's forthcoming article "Copyright Originality and Judicial Originality," which will appear in the University of Toronto Law Journal. The SCC agrees with Prof.

Prof. Jacob Ziegel - "There are better ways to investigate judicial conduct"

Thursday, November 8, 2012

In a commentary in The Lawyers Weekly, Prof. Jacob Ziegel argues that the Canadian Judicial Council’s inquiry procedures are unacceptably cumbersome ("There are better ways to investigate judicial conduct," Nov. 2, 2012). The full commentary is republished below.


There are better ways to investigate judicial conduct

Jacob Ziegel

Too Much 'Truthiness' in Judicial Activism Debate

Truthiness refers to “the quality of stating concepts or facts one wishes or believes to be true, rather than concepts or facts known to be true.”  It is an idea coined and popularized by political satirist Stephen Colbert on the first episode of The Colbert Report.  The American Dialect Society named in the 2005 Word of the Year, and the New York Times declared it one of nine words that captured the spirit of 2005.

Its spirit is surviving well into 2006.

Just look at debates about judicial activism.  Just look at the recent tempest in a teapot around Saskatchewan Conservative MP Maurice Vellacott's criticism of Chief Justice Beverly MacLaughlin.

Let’s start with some facts (even though they may be of dubious value in a world of truthiness).  Here’s what Vellacott said to CBC reporter Christina Lawand:

“I don't think it is the role, whether left or right, conservative or whatever stripe it happens to be, to actually figure that they play the position of God."

"Beverley McLachlin herself said actually that when they step into this role all of a sudden there's some mystical kind of power comes over them by which everything that they ever decree then is not to be questioned."

Conference: Social Science Evidence in Charter Litigation

The David Asper Centre for Constitutional Rights Presents

Social Science Evidence in Charter Litigation:
Developments in 30 Years of Fact Finding

November 9, 2012
8:30 a.m.-4:00 p.m.

Flavelle House (78 Queen's Park),
Faculty of Law, University of Toronto

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