Yves de Montigny, "La sécurité nationale devant les tribunaux: un équilibre précaire entre droits fondamentaux et sûreté de l’État"

Lecturer: The Hon. Yves de Montigny (Federal Court of Appeal of Canada)
Commentator: Dean Hugo Cyr, UQAM Faculty of Political Science and Law
Date and place: 15 October 2015, Faculty of Law, Université de Montréal


How have courts carried out the mandate conferred upon them by the Canadian Constitution? Have they demonstrated independence of spirit and resisted pressure, on the one hand, from those to whom security is priceless and must be flawless, and, on the other, from those who believe that protection of fundamental freedoms is absolute and must not be the subject of compromise? Or have they, on the contrary, given in to the enthusiasm and arguments of either side? The separation of powers is at the heart of our constitutional arrangements and is one of the pillars of the rule of law within a democratic regime. Indeed, it is not enough that fundamental rights be embedded in a written constitution, safe from inopportune modifications, for the reign of arbitrariness to be cast aside. In addition, courts must guarantee these rights and ensure their respect, even against public outcry and political powers. PowerPoint Presentation (pdf) Published Version of the Lecture (Thémis)  

This content has been updated on March 26th, 2020 at 7 h 14 min.