3 ms·
I don’t really agree. I read the ruling. The court made an above minimum pass at reasoning, and where they deviated from the central argument about the Oakes it
by sunir 5y ago
I don’t really agree. I read the ruling. The court made an above minimum pass at reasoning, and where they deviated from the central argument about the Oakes it read like it was cribbed from Twitter.
That’s fine to be honest. They aren’t the Ministry. They simply had to enumerate some reasonable alternatives to satisfy the Oakes test requirements.
However I felt dumber after reading the ruling. They really leaned into the idea that race is real, which is a red flag for a judge in Canada.