David DesBaillets I would like to say that I'm a progressive. But what does that even mean these days? We used to be socialists, back before that was vilified by the right as some kind of communist vanguard. Then we were liberals ( small l, naturally) until that too got twisted by ignorant dumb-asses on the right, who somehow managed to transform what is the most dominant philosophical tradition in the western world since the enlightenment ( to which they themselves belong, ironically) into a synonym for intellectual, urbane, yuppies. What does that leave really? I suppose I'm all of the above, to some degree. Anyway, I always write from the heart and tackle the political issues ( mostly Canadian federal politics) with a legal mind, law being the other love in my life. What else is there to say, but I hope you find my stuff remotely relevant and keep reading.
September 14th, 2012 | by David DesBaillets
Does anyone remember the concept of “open federalism?” That was the anti-centralist concept of Canada espoused by the Reform party back in the early 90's that said the role of the feds should be limited to those areas that the provincial government either can’t or won’t do themselves.
September 1st, 2012 | by David DesBaillets
If there is one thing about this election that scares the shit of me—and should scare you as well—it’s the shocking declaration of the self-proclaimed savior of the increasingly-ugly PQ, Jean Francois Lisée
August 19th, 2012 | by David DesBaillets
Assange may be a hero or villain (I lean towards the former) to millions of people and internet users all over the world for establishing Wikileaks and exposing the hypocricy of governments' (especially the U.S.'s) foreign policies, but, and it must be said, his decision to seek asylum in the Ecuadorian embassy in London, was not his finest moment
July 23rd, 2012 | by David DesBaillets
In effect, then, the law allows an able bodied person to end their own life. “However, persons who are physically disabled such that they cannot commit suicide without help are denied that option, because s. 241(b) prohibits assisted suicide.” Judge Smith concluded that this double standard is not compatible with the values of free and democratic society
July 12th, 2012 | by David DesBaillets
A huge role of common law judges traditionally has been to decide on the punishment, especially in cases where juries decide the guilt or innocence of a defendant in a criminal trial. Mandatory minimum sentences undermine this important judicial function while at the same time eroding the separation of powers between judiciary and legislative by tying the hands of judges
July 6th, 2012 | by David DesBaillets
It does seem like Oda was never really on top of her files or fully in control of her own ministry. Then again, apart from a handful of ministers, none of these “servants of the crown" seems to be able to escape the tight leash Harper has imposed on them. They would do well to remember that the term "responsible government" in Canada means that they are accountable to the Parliament and not to the Prime Minister
June 28th, 2012 | by David DesBaillets
The prosecution worked out a plea bargain with Khadr, requiring him to plead guilty to the killing of a U.S. soldier in Afghanistan, in exchange for their assurance that he would be allowed to return to Canada, his birthplace and home for much of his childhood. Now the Harper government is dragging its feet on the extradition, making it the only western state with detainees at Gitmo to completely wash its hands of its nationals
June 21st, 2012 | by David DesBaillets
There’s reason to believe that the fledgling democracy in the largest Arabic country in the world is in grave peril. Sadly, more than a year after the Egyptian people rose up in revolt and overthrew the kleptocratic regime of Hosni Mubarak, in a relatively peaceful revolution, the remnants of the old deeply corrupt establishment are coming back to haunt them... Why the architects of the revolution didn’t look to the South African model for making the transition democracy with a strong set of checks and balances, is beyond me
June 16th, 2012 | by David DesBaillets
This definition of terrorist activity may not necessarily be a recipe for abuse of power or a threat to our most cherished basic freedoms. However, in the hands of this unscrupulous federal government, these powers will almost certainly result in the undermining of human rights in Canada, sooner or later
June 7th, 2012 | by David DesBaillets
When the Charbonneau commission opens this week dozens of witnesses will testify and be cross examined by representatives from groups as diverse as Hydro Québec to hard core provincial lefties Québec Solidaire. The only oddity with the proceedings will be the conspicuous absence of a single representative from Liberal Party of Quebec. This is rather like having the O.J. Simpson trial without ‘The Juice’ (as he’s sometimes called), testifying before the court. After all, the whole purpose of this inquiry is to establish whether there is any connection between the awarding of juicy pork barrel government construction contracts (corruption never tasted so good!) and the financing of political parties in Quebec
May 31st, 2012 | by David DesBaillets
Canada’s government should lobby its NATO allies to hold a full investigation into allegations of civilian deaths during its yearlong
May 23rd, 2012 | by David DesBaillets
In the opening line of his analysis of bill 78, professor Jacob T Levy ( McGill University, political theory professor), makes a puzzling statement about this extreme measure. “Special law is every bit the contradiction in terms that ‘student strike’ is. Emergency decrees and bills of attainder aren't laws, and I won't be referring to Bill 78 as a law except in scare quotes.”
May 15th, 2012 | by David DesBaillets
How to describe the bizarre case of local artist Rémy Couture? Some in the media seem to have coined a new and disturbing term for it: art crime (also the title of a sympathetic documentary on the subject). You see, arguably, Coutures only ‘crime’ is that he is pushing the boundaries of good taste with his horrific images of women being dismembered and people being crucified
May 4th, 2012 | by David DesBaillets
With all the protesting going on these days, Montreal has become a veritable political theatre for all manner of agitprop and self-expression. Of course, no anti-whatever rally would be complete, these days, without the requisite Guy Fawkes masks, bandanas worn as masks, balaclavas (aka ski masks), etc. What do all of these things have in common? Wearing them may soon be a criminal offense punishable by jail time (up to 5 years!)
April 19th, 2012 | by David DesBaillets
With the 30 anniversary of the enactment of the repatriation of the Canadian Constitution this week, we will all be subjected to an endless stream of media blather about the importance of this milestone in Canadian history (but not from the Harper government?!). And rightly so. As anyone who reads my weekly column can attest, I am as much a fan of this amazing document that guarantees our rights and freedoms as the next man
April 13th, 2012 | by David DesBaillets
Though a simple copyright infringement case might not seem like the stuff of civil rights, a closer examination of the circumstances in Ms Deborah Kudzman's legal struggle against the Lassonde Corporation (makers of Oasis fruit juice products) illustrates perfectly how access to justice in our system is definitely rigged in favour of the rich. The facts of this lawsuit may strike you as banal at first blush. Ms. Kudzman was served, back in
Detroit Movement Festival Survival Guide: Food & Afterparties
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