158 THE ADVOCATE
VOL. 76 PART 1 JANUARY 2018
sion based on a calculation of how many casualties would result if he
dropped it and how many if he didn’t and invaded Japan instead? Yes.”
Lord Neuberger, the recently retired president of the U.K. Supreme Court,
said in an address to the Australian Bar Association: “Access to justice is a
practical, not a hypothetical, requirement. And if it does not exist, society
will eventually begin to fragment. It is a fragmentation which arises when
people lose faith in the legal system: they then lose faith in the rule of law,
and then that really does undermine society. It verges on the hypocritical
for governments to bestow rights on citizens while doing very little to
ensure that those rights are enforceable.”
The U.K. Supreme Court consists of ten white men and one white woman.
However it has recently instituted measures to create a more diverse bench.
Applicants may now attend familiarization sessions and apply to sit parttime.
For the first time provisions will enable the appointment of a candidate
from an underrepresented group where two are equally qualified.
In Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic
Games, several highly ranked female ski jumpers sought the following
declaratory order against the named committee: “If VANOC plans,
organizes, finances and stages ski jumping events for men in the 2010 Winter
Olympic Games, then a failure to plan, organize, finance and stage a ski
jumping event for women violates their equality rights, as guaranteed in
section 15(1) of the Canadian Charter of Rights and Freedoms, and is not
saved under s. 1.” The B.C. Supreme Court dismissed the application and
the Court of Appeal in turn dismissed the appeal. However, a women’s ski
jumping event was included in the Sochi Olympics (normal hill) and that
event will be on the program as well at the PyeongChang Olympics. The
men have three events (normal hill, large hill and team).
In first-round voting for the 2010 Olympics, PyeongChang won the most
votes, but lost by three votes to Vancouver in the final round. It also tried
and lost out to Sochi for 2014, but ultimately persevered for 2018.
Thought du mois:
“This morning, with her, having coffee.”
—Johnny Cash (1932–2003)
when asked for his description of paradise