Federalism
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Québec Wins Gun-Registry Battle
Justice Marc-André Blanchard, of Québec’s Superior Court has ruled that the federal government’s attempt to destroy the data from the now-defunct long-gun registry is unconstitutional. (I have written extensively about this case; all of my posts about it are collected here.) The CBC’ has the story, and has helpfully posted a copy of the judgment online.… Continue reading
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Not in My Backyard
Radio-Canada reports that Québec’s Chief Electoral Officer (CEO) and the (federal) National Capital Commission (NCC) are fighting over the right of candidates in Québec’s election to post signs on Gatineau’s Rue Laurier. The NCC has taken down some signs, citing its policy prohibiting the posting of any signs the streets that form its “Confederation Boulevard,”… Continue reading
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Another Gun-Registry Case
I have written profusely about Québec’s attempt to obtain from the federal government the Québec-related data accumulated in the now-defunct federal long-gun registry. (My summary of the claim is here, and my comments on it are here.) Québec’s claim is based, in effect, on its alleged co-ownership of the data; it does assert that the… Continue reading
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Interpreting Interpretations
I would like to come back to the two cases I mentioned in yesterday’s post―A.-G. Canada v A.-G. Ontario, [1937] A.C. 326, better known as the Labour Conventions Reference, and Missouri v. Holland, because they might tell us something about a problem much broader than the issue (important though it is in its own right) that… Continue reading
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Gun-Registry Hearing Today
Something almost as exciting as the Euro has started today in Montreal: the merits hearings in the gun-registry litigation, which I have been covering extensively. As I am not in Montreal, I am totally dependent on the media for any information about it. Things are not very encouraging so far. The reports by Radio-Canada and… Continue reading
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Federalism and Judicial Review
A paper of mine has been chosen for a presentation at the Third Annual Constitutional Law Colloquium at the Loyola University Chicago School of Law. It is about the legitimacy of judicial review of legislation on federalism grounds – that is, courts striking down legislation because it infringes not individual rights, but the division of… Continue reading
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Humpty Dumpty
Last week, the Globe’s Neil Reynolds blamed all the troubles, real or imaginary, of Canadian federalism on the “peace, order, and good government” (POGG) clause of s. 91 of the Constitution Act, 1867. Undeterred by his failure last time around to grasp the actual constitutional law he was bewailing, which I pointed out here, Mr.… Continue reading
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You Read It Here First
I thought I was late, but at least I beat La Presse. I wrote on Tuesday about the latest decision of Québec’s Superior Court in the gun-registry litigation. La Presse has a story about it today. Nothing really new there. Continue reading
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Gun-Registry Litigation News
I know, I know, you are as I excited as I am to read about the progress of Québec’s lawsuit to get its hands on the gun-registry data the federal government wants to destroy. So here goes. (If, for reasons beyond my comprehension, you are not breathlessly excited about this, rest assured that I have… Continue reading
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It’s Not a POGGrom!
Canada’s “newspaper of record” has published an ignorant rant by Neil Reynolds, savaging alleged abuses, rhetorical, legislative, and jurisprudential, of the “Peace, Order, and Good government” (a.k.a. POGG) clause of s. 91 of the Constitution Act, 1867, which sets out the powers of the federal Parliament. While the words “peace, order, and good good government”… Continue reading
Double Aspect 