Legal Maxims Tag

29 Jun 2015 The supremacy of God and the Queen’s oath

The Supreme Court of Canada decided to side with tradition by killing the bid to remove the Queen from the oath of Canadian citizenship. On the other hand, the court decided to forego the tradition argument when they decided to rule against the mayor of Saguenay and strike down as unconstitutional his Christian prayer before town council meetings. The Supreme Court refuses to recognize the importance of the Preamble to the Charter of Rights and Freedoms, which states that “Canada is founded upon principles that recognize the supremacy of God”....

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28 May 2015 Let the punishment fit the crime

This week’s Maxim is 'Multiplicat transgressione crescat paenae inflictio.' The increase of punishment should be in proportion to the increase of crime. In other words, to quote a famous Latin quote, 'Culpae poenae par esto.' Let the punishment fit the crime.  The more a nation neglects this basic principle of justice, the more injustice will reign in that nation. The people will slowly lose faith in the legal system and will want to take justice into their own hands.  This principle can be seen in the family as well. If...

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28 May 2015 Freedom requires punishment of wrongdoing

This week, I provide two maxims that build on last week’s. Maleficia non debent remanere impunita, et impunitas continuum affectum tribuit delinquenti. – Evil deeds ought not to remain unpunished, for impunity affords continual excitement to the delinquent. Qui parcit nocentibus, innocentibus ounit. – He who spares the guilty punishes the innocent.  Freedom isn’t about doing what we please. It isn’t about letting sin prevail under the banner of rights, freedom or liberty. Jesus said in John 8:32, 36, "And you will know the truth, and the truth will set...

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28 May 2015 Justice is an excellent virtue

Justicia est virtus excellens et Altissimo complacens – Justice is an excellent virtue and pleasing to the most high.  In our time, reading a maxim isn’t as simple as it once was. We first have to define our terms since we live in a chaotic world of different standards. Whose definition of justice exactly is pleasing to the most high? The Supreme Court of Canada?  Deuteronomy 25:1 states, "When people have a dispute, they are to take it to court and the judges will decide the case, acquitting the innocent...

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08 Apr 2015 Our silence will condemn us

Here are this week's maxims: "Qui tacet consentire videtur" Translation: He who is silent appears to consent. "Qui non prohibit quod prohibere potest assentire videtur" Translation: He who does not forbid what he can forbid, seems to assent. God never wants men to stay silent when confronted with lies and falsehood. He doesn’t want the truth to be silenced by our inaction. This maxim would seem to go in line with Numbers 30:14. The context of Numbers 30 is the responsibility of a husband to step in if he does not agree with the...

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08 Apr 2015 The pre-born ought to be protected

"Qui in utero est, pro jam nato habetur quoties de ejus commodo quaeritur" Translation: He who is in the womb, is considered as born, whenever it is for his benefit. How can there even be room for abortion in this maxim? The pre-born is fully protected under this maxim. The ‘foetus’ is considered as a baby whenever it is threatened. It is therefore not considered part of the woman’s body but separate since it is distinct from the mother. This maxim protects the most vulnerable and defends them whenever they can...

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08 Apr 2015 The new road is often deceptive

Today`s Maxim is pretty short and sweet but in the right context of things with the recent euthanasia debate. In Deuteronomy 29:19, God pleads with Israel to choose life. They would show God that they chose life by obeying his laws: something they failed to do and, as consequence, eventually were stripped of their right to possess the land. It is clear, God wants men to choose life over death. "Saepe viatorim nova non vetus orbita fallit". Translation: Often it is the new road, not the old one, which deceives...

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08 Apr 2015 Maxims on Marriage

This week, I have chosen to bring up more than one maxim since they are all needed to demonstrate certain inconsistencies with the modern western legal approach to marriage. "Conjuctio mariti et faminae est de jure natura". Translation: The union of a man and a woman is of the law of nature. "Maris et faeminae conjunctio est de jura naturea". Translation: The union of husband and wife is founded on the law of nature. "Jura naturae sunt immutabilia". Translation: The laws of nature are unchangeable. "Quae rerum natur prohibentuur, null...

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08 Apr 2015 Queen by the grace of God

I'm sure I'm not teaching you anything new when I mention "Dei Gratia Regina", the inscription that is on every coin or even every medal given by the Queen in the commonwealth (D.G. Regina). It translates as, "Queen by the grace of God" or "Reigning by the grace of God". Again, people may say it is all but tradition. I would tend to say that it teaches us something. It teaches us that beyond our civil governments and institutions (the Charter, the Parliament, the Supreme Court, etc.) lies a greater...

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07 Apr 2015 Every man’s house is his castle

One of the great maxims that our Canadian legal system has inherited is "Et domus sua cuique est tutissimum refugium" Translation: Every man's house is his castle, or, Every man's home is his safest refuge). Some say that it can go back to Sir Edward Coke or even as far back as the Romans but I think it can go even further. You can trace it back to the law of God given to Moses. In Exodus 22:2-3a, God said, "If a thief is found breaking in and is struck so...

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