Is the Court of Justice a policy forum or policy forum and not a department of foreign affairs pronouncing on controversial international issues?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. Kattenburg, 2020 FCA 164 (CanLII):
We are only a court of law, not a policy forum, and still less a department of foreign affairs pronouncing on controversial international issues. We are suited to law, not free-standing policy or ideology. We are just lawyers who happen to hold a judicial commission: Canada v. Cheema, 2018 FCA 45, [2018] 4 F.C.R. 328 at para. 79 and Schmidt v. Canada (Attorney General), 2018 FCA 55, [2019] 2 F.C.R. 376 at para. 30. We are not a roving commission of inquiry able to investigate whatever we wish. We are not policymakers empowered by huge budgets to decide what is best for millions. Nor are we high priests who can arbitrate values, judge what is “just”, “right” and “fair” and give benediction to our personal beliefs.
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