Opinion: Trudeau’s next Supreme Court appointment could have disastrous consequences for national unity

It is on questions involving the limits of federal power where Mr. Brown stood out, and where his absence from the court may be felt most acutely. Since becoming Canada’s final court of appeal in 1949, the Supreme Court has tended to rule in Ottawa’s favour in cases involving the division of powers in the Constitution. Politicians inUnique among his colleagues, Mr.

“[T]he true danger in the majority’s reasons for judgment does not lie in the blending of trade and commerce jurisprudence with POGG jurisprudence, or in the confusing and confused test that it states,” Mr. Brown. “It is in the majority’s abandonment of any meaningful constraint on the national concern branch of the POGG power.”

Neither Justice Sheilah Martin, a former Alberta Court of Appeal judge, nor Justice Nicholas Kasirer, who previously sat on the Quebec Court of Appeal, are considered defenders of provincial rights, despite hailing from the two provinces whose governments are typically the most hostile to federal intervention. Both were nominated by Mr. Trudeau.

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