Supreme Court Justice Russell Brown’s leave means a strong voice for provincial rights is absent as the court takes on a federalism case
is a vast overreach into provincial jurisdiction. If Justice Brown’s absence extends that long, it could have an impact on a pivotal federalism case.
Justice Brown’s absence would mean the loss of an expected vote for Alberta’s position. He was one of three judges dissenting two years ago when the Supreme Court, in a 6-3 ruling, upheld the federal government’s authority to impose a carbon tax on the provinces. The court could sit with eight members, leaving the possibility of a tie vote. Under Beverley McLachlin, Chief Justice Wagner’s predecessor, the court was down to eight members from the latter part of 2013 until June, 2014, after the court rejected a Stephen Harper appointee, Marc Nadon, as legally unqualified. The court sat at times with eight members during that period. The court may sit with as few as five members.
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