Constitutional law
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The Limits of Self-Government
Indigenous self-government cannot dispense with the Rule of Law and with democracy Continue reading
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On the Rule of Law, Blockades, and Indigenous Self-Government
Recently, Canadians have been captivated by a set of protests occurring both in British Columbia and Ontario in relation to the Coastal GasLink pipeline. The pipeline is a $6B dollar, 670 km project which runs across Northern British Columbia. In British Columbia, the hereditary chiefs of the Wet’suwet’en lead blockades across the pipeline path, even… Continue reading
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Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
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A Tale of Two Scandals
Partisanship is undermining political accountability and constitutional checks and balances Continue reading
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Lectures Introductory
My notes on the Constitutional Law of New Zealand, for your enjoyment Continue reading
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Bill 21 and the Search for True Religious Neutrality
The saga of Quebec’s Bill 21, An Act respecting the laicity of the State, trudges on. In December, the Quebec Court of Appeal upheld a Superior Court decision declining to suspend certain parts of the law – which prohibits front-line public employees from displaying overt religious symbols while on duty – until a full application… Continue reading
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CBC v Ferrier, 2019 ONCA 1025: Considering Consideration of the Charter
Part II of a two-part series on Doré. Continue reading
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After Vavilov, Doré is Under Stress
Part I of a two-part series on Doré Continue reading
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law.… Continue reading
Double Aspect 