April 03, 2005

Sometimes judges go on absurd flights of rhetoric. Witness:

“This is the last of the dispensing power.” Maitland could never have thought that in the year 1968, nearly three centuries after the Bill of Rights, a certain departmental official of Manitoba, acting in fact or in law under the authority of his Minister, would purport to grant a dispensation in favour of a certain group, exempting them from obedience to a particular law to which all others remain subject. That sorry episode must now be recounted.

Wow. All that blustering leads up to a decision that Aboriginal people cannot be exempt from a law that regulates hunting of migratory birds. Not only is the decision culturally insensitive and politically obtuse, the style of writing is completely anachronistic. If you were charged with deciding whether the executive branch of the provincial government can legally grant exemptions from federal statutes to a particular group, would you go on like that? The judgment affects real people, with real concerns, in Manitoba, in 1977. Why not state it plainly?

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