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“The law is always going to be involved in issues with a political dimension, but that is different from the court itself being political.” – Barry W. Bussey

In this video, Barry presents his thoughts on the politicization of the Supreme Court of Canada. There is much discussion about the recent Kruk decision wherein Justice Martin, at paragraph 109, brought into the legal vernacular “person with a vagina.” Barry points out that this development is part of an ongoing process at the SCC that is very worrying.

Barry reminds us that it was Chief Justice Richard Wagner’s condemnation of the Trucker Freedom Convoy 2022 that epitomizes the extent to which the politicization of the SCC has gone. This development is a far cry from the highwater mark during the tenure of Chief Justice Bora Laskin who maintained that judges are to abstain from politics in keeping with their impartiality and their independence.