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National Post
19 Jul 2024

In a profoundly troubling ruling rendered Friday, the Supreme Court of Canada upended cornerstone principles of this country’s parliamentary democracy. The judgment, delivered in Canada (Attorney General) v. Power, entitles the judges to award compensation if Parliament and the provincial legislatures exercise their legislative powers in a manner that the courts deem unconstitutional. Mired in conceptual confusion, it drastically expands the scope of judicial review from determining the constitutionality of duly enacted laws into uncharted territory: supervising the legislative process by which those laws are first deliberated and drafted.