Infallibility, ‘hubris’ and the Supreme Court

In a letter to the National Post Sept. 5, Allan Hutchinson, professor at York’s Osgoode Hall Law School, responded to an article by political science Professor Ted Morton of the University of Calgary (“The New Game of Charter Politics,” Sept. 4). “Prof. Morton is correct to chastise the Supreme Court for its tendency toward ‘God-like infallibility,’” wrote Hutchinson. “The courts offer only one opinion on what the Charter means and it is always contestable. However, Prof. Morton goes on to demonstrate exactly the same kind of hubris when he asserts that the Supreme Court has got the Charter wrong when it gives expression to a constitutional guarantee of gay rights. Prof. Morton is free to propose his own interpretation of the Charter (and one with which I profoundly disagree). But he cannot do so under the equal guise of ‘God-like infallibility.’ There is no right or wrong to constitutional truths, only different political opinions about what is the morally and politically best thing to do.”

More support from Nunziata for a York subway line

York Osgoode Hall Law School grad and Toronto mayoral hopeful John Nunziata was quoted in a story in the Toronto Star Sept. 5 stating he supported a subway line to York. “I’m calling for two new subway lines, one to York University and one along Eglinton Ave. to the airport. These are things that need the involvement of the private sector and the provincial government,” he said. Two other mayoral candidates who are York grads – John Tory and Barbara Hall – were also mentioned in the article. All of the five leading mayoral candidates say that if elected they will ask the premier for a new funding arrangement to help Toronto pay the bills – with transit topping the list.

 Milevsky on mortgage smarts

Research by Moshe Milevsky, professor at York’s Schulich School of Business, was cited in a CanWest News article in Victoria’s Times Colonist Sept. 5 on how a mortgage strategy is essential as some rates inch higher. According to his research, in more than 88 per cent of cases a consumer would have been better off borrowing at prime rather than at a five-year fixed rate over the last 50 years.