These fellow-travellers, Justices Michal Fairburn and Benjamin Zarnett, had the chance to write their own opinions, which could have been concurring ones, if they had some objection to Huscroft’s logic or phraseology. If we adopt the American habit of sticking partisan labels on judges with super glue, as Coyne has, the only conclusion we can reach is that even good red-dyed Liberals might easily think that Schabas went too far and that judges should want no part of detailed policymaking and personal weighing of social-science evidence. Since the whole thing’s probably going to the Supreme Court, that’s worth remembering.
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