1. "Canadian professors of law have played a central role in
the subversion of our law and our democracy...
2. "Julien Benda was a French writer of the twentieth century. In
1927 he published La Trahison des clercs [The Treason of the
Intellectuals]. This book accused intellectuals of abandoning the
search for truth and succumbing to their personal political predelictions.
The approach of Canadian legal academics to the Charter and the Supreme Court is
a further manifestation of the treason of the intellectuals. Canada's law
professors have contented themselves with being cheerleaders...
3. "While there have been Canadian intellectuals with sufficient courage
and integrity to be critical of the Court, these people have largely been
political scientists - Ted Morton of the University of Calgary, Ian Brodie of
the University of Western Ontario, Rainer Kopff also of the University of
Calgary, and Chris Manfredi of McGill University. Only two law teachers,
the most prominent being Michael Mandel of the Osgoode Hall Law School, have
been publicly critical...
4. "In fact, the writing of legal academics about the Court and the Charter
has been both sycophantic and unprincipled...
5. "The main reason I speak of Canadian legal scholarship as
"intellectually corrupt" lies in its disregard for the methodological
imperatives which should inform academic writing. Canadian university law
professors have largely abandoned any pretense at being scholars and have turned
themselves into propogandists - propogandists for the ruling clique and for the
orthodoxy. The true state of the corruption of legal education was
revealed in a scandal which rocked the University of Toronto Faculty of Law in
6. "In addition to being sycophantic and unprincipled, Canadian legal
scholars have also been lazy. Chief Justice Brian Dickson once wrote, "If
I were to venture any criticism, it would be that the quality of good academic
writing, published in any year, is meagre in relation to the number of legal
scholars to be found inthe law schools of the nation...
7. "... post-modern intellectual work is a dialogue with the self and
affirmed that what we are dealing with in this genre is a politics of
style. Once again, aesthetics subsumes politics. This systematic
anti-rationalism accompanied by an overriding emphasis on on style is the very
essence of Nazism...
8. "It often seems to me that Canada today is best understood as a
kind of theocracy - a country totally in the grip of a secular state
religion. I call this phenomenon a secular state religion for three
1. It is a set of ideological beliefs, largely taken on
faith, which appears to underlie
and motivate the actions of the
2. It is enforced and imposed, as we shall see, by the
3. It is secular, because it agressively denies the
existence of a god.
... the orthodoxy is the idealogy of a small and unrepresentative clique
which dominates Canada today... it is inherently anti-democratic... it derives
from an epistemology which has both disturbing and unpleasing elements... the
significant feminist content of the orthodoxy is note... in deciding cases the
judges of the Supreme Court are guided more by the orthodoxy than by law and the
[Quotes from Professor Robert Ivan Martin's "The Most Dangerous Branch: How
the Supreme Court of Canada Has Undermined Our Law and Our Democracy",
McGill-Queen's, 2003, at Chapter 9, and