OTTAWA—This is what brawls look like on the top court bench. Judges don't throw off their robes and come to blows. What they do — judicial jousting — is more subtle. Split rulings. Lengthy dissenting opinions. Constitutional decisions that see judges split not only into two groups, but sometimes going three or four different ways. Wary court watchers are now wondering if the Supreme Court of Canada is as divided or as polarized as the rest of us. Since becoming prime minister in 2015, Justin Trudeau has named three new judges to the country's top court, and elevated Justice Richard Wagner to the post of Chief Justice. In that time, the nine-member Supreme Court of Canada has turned into an unruly crew. Outwardly, they are friendly, collegial and professional. But a look at their rulings — as legal scholars and lawyers are increasingly pointing out — shows a judicial team "of equals" that is struggling to find its voice as Canada's top court. When the latest rookie, Justice Nicholas Kasirer, was publicly sworn in on Nov. 4, Wagner quipped that the top court was unanimous on this point: the newest Quebec judge had already proven to be a "rare commodity"… Read full this story
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