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SCC rules provincial laws can have incidental effects on interprovincial trade.

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"Together with other provisions of the New Brunswick Liquor Control Act, s. 134(b) makes it an offence to “have or keep liquor” in an amount that exceeds a prescribed threshold purchased from any Canadian source other than the New Brunswick Liquor Corporation. C is a resident of New Brunswick who entered Quebec, visited three different stores, and purchased quantities of alcohol in excess of the applicable limit. Returning from Quebec to New Brunswick, C was stopped by the RCMP; he was charged under s. 134(b) and was issued a fine. C challenged the charge on the basis that s. 121 of the Constitution Act, 1867 — which provides that all articles of manufacture from any province shall be “admitted free” into each of the other provinces — renders s. 134(b) unconstitutional. The trial judge found s. 134(b) to be of no force and effect against C and dismissed the charge. The Court of Appeal dismissed the Crown’s application for leave to appeal."

The Court held that the appeal is allowed. Section 134(b) of the Liquor Control Act does not infringe s. 121 of the Constitution Act, 1867. Read More...

Employee Required To Produce His Medical File To Employer In Accommodation Grievance

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After an employee's union grieved that the employer had failed to return him to work "notwithstanding that he has provided all requested medical information", the employee has been ordered to produce much of his medical file to the employer. Read More...

Koskie Named 2017 Volunteer of the Year

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The Public Legal Education Association presented Ted Koskie with the 2017 Cam Partridge Memorial Volunteer of the Year Award. Read More...

Supreme Court Clarifies Constituent Elements of Influence Peddling

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"C was formerly a Senior Advisor in the Office of the Prime Minister. The year following his departure from this position, he agreed to use his government contacts to help H2O Professionals Inc. sell water treatment systems to First Nations. In exchange, H2O promised to pay a commission to his then girlfriend. After this agreement was made, C spoke to government officials in order to promote the purchase of H2O’s products. He sought to convince Indian and Northern Affairs Canada to set up a project whereby it would fund the purchase of H2O’s products to pilot them in First Nations communities. Sections 121(1) (a)(iii) and 121(1) (d)(i) of the Criminal Code criminalize the selling of influence in connection with any matter of business relating to the government. C was charged with influence peddling under s. 121(1) (d). At trial, he took the position that his assistance was not in connection with a matter of business relating to the government. The trial judge agreed and acquitted him on the basis that First Nations, rather than government, decided whether to purchase the type of water treatment systems sold by H2O. A majority of the Court of Appeal allowed the appeal. It set aside the acquittal, entered a verdict of guilty and remitted the matter to the trial judge for sentencing."

The S.C.C. (8:1)
dismissed the appeal. Read More...

The Self-Deception Destroying Maxims of Francois de La Rochefoucauld

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The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.

The aristocratic La Rochefoucauld was born into wealth during a time in which the French royal court vacillated between aiding and threatening the noble class. During the mid-1640s, the French king (Louis XIV) was just a child, and his mother and other members of the royal court ruled in his stead. Oftentimes they executed policies that were in their own self-interest, and which reduced the power and independence of the nobility. In response, the nobility rebelled. From 1648 until 1653 France descended into a civil war between the noblemen and the bureaucrats of the royal court — battles that became known as the Fronde. La Rochefoucauld was one of the leading rebel noblemen during these wars. His father died fighting in the Fronde in 1650 and he himself was shot through the head. He was blinded from the headshot, but made a miraculous recovery and eventually regained full vision.

Despite their best efforts, the noblemen lost, and La Rochefoucauld retired to his country estate where he wrote and took part in the salon of Madeleine de Souvré, marquise de Sablé. Like many noblemen who fought in the Fronde, La Rochefoucauld wrote his memoirs. But he also spent a great deal of his time and energy on a collection of aphorisms that he entitled Maximes.

Maximes consists of hundreds of two- or three-line sentences in which La Rochefoucauld muses about honor, fate, friendship, love, and the human tendency for self-delusion. His experience with the royal court during the Fronde influenced his Maximes immensely. He saw firsthand the conniving and social duplicity that went on amongst members of the royal court and observed that often in life it isn’t the virtuous, but rather the cunning and lucky who succeeds. Like many French classical writers, La Rochefoucauld glorified strength of body and character, and despised weakness. It’s no surprise then that Nietzsche was highly influenced by him and tried to imitate his aphoristic style.

When you read La Rochefoucauld’s Maximes, you’re taken aback about how modern they seem. I sometimes forget I’m reading lines penned over 355 years ago. This is partly due to the fact that they are interlaced with a certain cynicism. In fact, Maximes offended some of La Rochefoucauld’s contemporaries who felt his cynicism was intended as a knock against traditional scruples and morality. But La Rochefoucauld himself was in fact an idealist who always led a very upright and virtuous life — sticking with his principles even when they got him into social and political trouble. His maxims were not then intended to inspire others to live in a strictly Machiavellian way, but rather to move readers towards greater self-awareness, and an understanding of the motives of others as to not be ensnared by their traps and temptations. In short, he was trying to figure out how to live one’s ideals in a backstabbing world where people are often not as they seem, and cannot even recognize their tendency to manipulate others and deceive themselves.

I like thumbing through the maxims of La Rochefoucauld every now and then when I feel like I’m getting too full of myself. His maxims remind me that oftentimes success in life comes through mere luck and that Lady Luck is a fickle dame. What’s more, his keen insights about human psychology remind me that the easiest person to fool is usually yourself, so always question the narratives you’re telling yourself, about yourself.

Below I offer a collection of my favorite maxims from the 504 that La Rochefoucauld penned. Hopefully they will give you a taste of his style, as well as insights on how to more deftly navigate a world that still remarkably resembles the machinations of a French royal court.
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