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The Supreme Court of Canada Visits UVic Law

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The Supreme Court of Canada visited UVic Law on Feb. 3 for a series of discussions with students and faculty. Photo courtesy of the SCC.

As a part of several events held throughout the country to celebrate the 150th anniversary of the Supreme Court of Canada (SCC), the Faculty of Law was honoured to welcome judges to UVic . On Feb. 3, students had the chance to participate in sessions with three members of the Court, Chief Justice Wagner, and Justices Karakatsanis and Kasirer, on the topics of Judicial Independence, Access to Justice and Constitutional Pluralism. Moderated by professors Rebecca Johnson, Rob Lapper, KC, and Val Napoleon, the discussions gave students the unique opportunity enhance their understanding of judicial reasoning and further understand real-world judicial practice.

These sessions with Supreme Court Justices both allowed students to engage with members of Canada’s final court of appeal, and emphasized the role that academic scholarship plays in shaping and interpreting the law. In celebration of the SCC’s 150th anniversary, we’re highlighting some of the ways UVic Law faculty members have engaged with the SCC’s jurisprudence and contributed to the broader legal discourse around the process of judging though their research. Often focusing on the patterns and implications of SCC judgments, their work both enriches how law is taught to the next generation of legal professionals and influences broader legal practices and policies.

UVic Law scholarship and it’s intersection with decisions of the SCC

“Common Sense” in Legal Judgements

Patricia Cochran, Associate Professor and Associate Dean, Administration and Research, dedicated her PhD research to understanding the use of “common sense” in legal judgements, particularly in SCC cases. In her book “, she questions what it means when a judge uses the phrase, and whose “common sense” should inform the law.

Cochran describes her work as being about the methodological lenses through which the work of legal judgement can be appreciated. She agues that common sense, when used without adequate reflection, can pose a threat to the quality and legitimacy of legal judgement.

"Judges can say they are using “common sense” as a form of reasoning, but its app