The Western Journal of Legal Studies is a student-run, online, open access law review focusing on contributions to Canadian law and international law that are novel, non-obvious, and useful. We welcome diverse and historically underrepresented perspectives.
Current Issue: Volume 8, Issue 2 (2018) Courageous Challenges to the Status QuoThis issue, titled “Courageous Challenges to the Status Quo,” argues for novel resolutions to current Canadian legal issues. Our principal paper, authored by The Honourable Luc Martineau of the Federal Court of Canada, lays out the omnipresent theme of courage in his aptly titled piece: “Does Judicial Courage Exist, and if so, is it Necessary in a Democracy?” Following Justice Martineau’s lead, the remaining articles: argue for an overhaul of our legal aid system by implementing salaried Public Defenders; challenge the constitutionality of Canada’s “fear of terrorism” offence as punitive rather than preventative; expose recent shortcomings in the judicial admission of faulty scientific expert evidence; contest the FCA’s decision in Voltage as jeopardizing Canadian internet users’ privacy; and, question the arbitrariness, unaccountability, unpredictability, and administrative scope of the discretionary decision-making regime concerning queer immigration. As an enduring fixture of the Journal, all papers were selected through double blind peer review. The issue strives to contain articles that are novel, non-obvious, and useful. We hope you enjoy reading. Jake Newton and Cristina Tomaino, Co-Editors-in-Chief
Does Judicial Courage Exist, and if so, is it Necessary in a Democracy?
The Honourable Luc Martineau