Constitutional law
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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
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Day 11: Asher Honickman
Standing on basic principles Continue reading
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Day 10: Bruce Ryder
Riding the waves of ascendant normative currents Continue reading
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Day Eight: Anna Su
University of Toronto There are many reasons for judges (especially at the highest court) to write separate dissenting opinions. The first, in my view, is that it sets forth clear positions on the major legal issues of the day, ready to be taken on anew in a future judgment. In that sense, it is the… Continue reading
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Day Seven: Howard Kislowicz
The Disagreement is the Law Continue reading
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Day Six: Carissima Mathen
It was a formidable challenge to select only three Supreme Court dissents. To make the choice more manageable, I decided to stick to Charter case law, and to focus on opinions that I personally found persuasive. That left out a number of notable opinions, such as William McIntyre’s uncompromising yet necessary challenges to his colleagues… Continue reading
Double Aspect 