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The newest judge on Ontario’s top court has an explanation for the Conservative government’s well-known losing streak at the Supreme Court of Canada: The court’s reasoning process is unfair, making it almost impossible for the federal government to defend its laws, such as those involving assisted suicide, prostitution and the war on drugs.

Ontario Court of Appeal Justice Bradley Miller, whose appointment was announced last month, is part of Prime Minister Stephen Harper’s vanguard on the bench – a leading dissenter, along with fellow appeal-court Justice Grant Huscroft, from much of what Canada’s judges have said and done under the 1982 Charter of Rights and Freedoms.