July 2018
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CHRC: The Presumption of Reasonableness and the Rule of Law
Worries about the upcoming review of Dunsmuir Continue reading
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Administrative Law’s Virtues and Vices
What Joseph Raz’s classic Rule of Law article tells us about administrative law Continue reading
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No Shortcuts to Legality
Justice Stratas on the limits of the judicial practice of making up reasons for administrative decisions Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;… Continue reading
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The Limits of Legal Expertise
What kind of experts are legal experts ― and is their authority in danger? Continue reading
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Trinity Western: Is this the price of good doctrine?
In Trinity Western, the Court confirmed (to undoubted cries of agony) that its approach to judicial review of administrative decisions implicating Charter rights, set out in Doré, is nominally still good law. But in application, the Court significantly changed Doré. It applied the typical tests developed in the context of constitutional challenges to legislation,… Continue reading
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What’s Left of Freedom?
In the Trinity Western cases, the Supreme Court eviscerates religious liberty in Canada Continue reading
Double Aspect 