cover image: British Columbia Government Employees' Union v. British Columbia (Attorney General)


British Columbia Government Employees' Union v. British Columbia (Attorney General)

19 Jul 2021

and Lamer, Wilson, La Forest and L'Heureux-Dubé JJ.: The rule of law is the very foundation of the Charter and the courts are directed to provide a remedy in the event of infringement of the rights guaranteed by the Charter. [...] The British Columbia Supreme Court's responsibility included the writ of habeas corpus, injunctions to prevent damage or loss of rights, the custody and protection of children, the right of occupation of matrimonial homes, the care and protection of disabled and infirm persons, the filing of documents to prevent the loss of a cause of action and a myriad of other matters vitally important to the o. [...] noted as well the vital importance that the courts be open to the public and to the media: "Justice cannot be found behind closed doors or picket lines." He emphasized that the issue was not the personal importance or dignity of judges, but rather the protection and preservation of the institution of the courts of justice themselves. [...] 706-7): The powers entrusted to the judiciary by the constitution are essential to the proper organization of society because, while common law and the legislative branches of the constitution declare what the rights and obligations of the people are, the judiciary is the machinery which protects and enforces these rights and obligations. [...] emphasized the constitutional importance of the independence of the judiciary and of its right and duty to maintain the rule of law and the Constitution by guaranteeing unimpeded access to the courts.
Published in