Date: Wed, 9 Jul 2008 16:15

From: Vaughan Black

Subject: Australian/Canadian Query

I certainly can't think of anything the SCC has written about the House of Lords that competes with the words of Lord Hailsham in Re B [1987] 2 All E.R. 206 where he wrote that the reasoning of La Forest J. (for the whole court) in Re Eve "appears to me wholly to part company with reality".

vb

Quoting Robert Stevens:

I don't hold Australian and Canadian cases in my head in quite the way that I try to do with English cases. I wonder if colleagues have any good examples of the High Court of Australia or (more improbably) the Supreme Court of Canada being particularly dismissive of a decision of the House of Lords? I have a couple of examples but nothing really strong. (It has been pointed out to me that Dixon CJ had some choice things to say about their Lordships in private. I think one person we definitely can forgive is Dixon.)

<<<< Previous Message  ~  Index  ~  Next Message >>>>>