The Supreme Court lost a judge who was perhaps its strictest civil libertarian on search\u002Dand\u002Dseizure matters and the rights of the accused
, the 2019 ruling against Canadian residency requirements for voters, seems obviously his work. It continues to be mystifying that the majority of the court didn’t drop dead from embarrassment when Brown was through gnawing at their fragile, ahistorical logic., co-signed by Brown and the chief justice, in which the court refused to use a contrived free-speech argument to overturn the province’s awkwardly timed redistricting of Toronto wards.
Liberals may not feel that anything important has been lost with Brown’s resignation. If they happen to glance south and see Democrats bewailing an over-mighty Supreme Court that happens to be in the hands of the wrong team, they might stop to regret the preposterous loss of a Canadian judge who took judicial deference to elected legislatures seriously. Heck, he may have been the last one.
In 2021, the court heard a case where a man named Sokha Tim was arrested for being caught with gabapentin, an anticonvulsant medication that isn’t a controlled substance. A subsequent pat-down turned up illegal drugs and a gun; six good liberal judges favoured allowing the evidence from this unlawful search to stand. OnlyWithout Brown, there will be one less obstacle, one fewer voice of reason, standing in the way of a court that has become increasingly activist in recent years.
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