A “non-constitutional” take on the Canada Summer Jobs Program (by guest blogger Kathryn Chan)

The Trudeau government’s administration of the Canada Summer Jobs Program has attracted a great deal of criticism in recent weeks.  Controversy swirls around the “detestable attestation”, which requires groups that apply for program funding to attest that both the job [for which they plan to use the funding] and the group’s core mandate respect individual … Continue reading “A “non-constitutional” take on the Canada Summer Jobs Program (by guest blogger Kathryn Chan)”

Plus ça change…

This is the fourth and last post in the series about my most recent article, “‘Third Parties’ and Democracy 2.0″, (2015) 60:2 McGill LJ 253. On Monday, I introduced the paper, which deals with the repercussions of political and technological changes on our framework for regulating the participation of persons other than parties and candidates in pre-electoral … Continue reading “Plus ça change…”

The Ways of Change

I wrote last week about Bill C-559, the “Reform Act,” which if enacted would transfer some power from party leaders to MPs and caucuses in the House of Commons. Yesterday, I addressed the question whether the changes it would operate would be good for our democracy, and concluded that this is very doubtful. In this … Continue reading “The Ways of Change”

A Chance for Justice

I have written a good deal about access to justice and the related issue of self-represented litigants. These problems are very difficult; I doubt that any quick solutions can be found for them, and it doesn’t help that, as I wrote here, the complexities that must be dealt with are often forgotten. These problems are … Continue reading “A Chance for Justice”

Chasser les marchands du temple

J’ai beaucoup écrit cette semaine sur la « Charte des valeurs » avec laquelle le gouvernement péquiste se propose d’enchâsser en loi l’intolérance et la méfiance envers « l’autre », celui ― et surtout celle ― qui ne ressemble pas à ce qu’on est habitué de voir « chez nous », intolérance et méfiance qu’il … Continue reading “Chasser les marchands du temple”

A Defense of Doctrine

Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high … Continue reading “A Defense of Doctrine”

Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta

This post is derived from this week’s edition of my newsletter, the Sunday Evening Administrative Review. ______________________________________________ Auer v Auer, 2022 ABCA 375 (November 22, 2022); TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (November 23, 2022) Context and Holding: In these decisions, the ABCA deals with the question of how … Continue reading “Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta”