Constitutional law
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Day Four: Jonathan Maryniuk
I am honoured to be asked to provide three of my favourite Supreme Court of Canada dissents. I enjoyed reading dissents in my free time even before I was even accepted into law school. Picture me: I am in the lunchroom at one of my summer warehouse jobs in the middle of the night. … Continue reading
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Day Three: Emmett Macfarlane
Among the panoply of difficult constitutional decisions rendered by the Supreme Court of Canada, there are many occasions when the majority of justices provide reasoning that can only be described as less than compelling (some might simply say ‘wrong’). The virtues of dissenting reasons – which, even on a highly consensual court like the Supreme… Continue reading
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Day Two: Kerri A. Froc
The Power of Saying No Continue reading
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It’s That Time of the Year
Announcing the second edition of Double Aspect’s 12 Days of Christmas symposium Continue reading
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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
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Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.” Continue reading
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Shooting Gallery
A proposed invocation of the Charter’s “notwithstanding clause” in New Brunswick is misguided and disturbing Continue reading
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Rafilovich: A Textualist (or Quasi-Textualist) Turn?
Since Telus v Wellman, the Supreme Court of Canada has moved towards a sort of “textually constrained” purposivism in statutory interpretation cases. To my mind, textually constrained purposivism involves two parts: (1) a focus on the text over abstract purposes in determining the meaning of text and (2) if there are conflicting purposes at the… Continue reading
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R v King: Creative Remedies
On September 19, 2019, certain new amendments to the Criminal Code took effect. Those amendments, among other things, repealed s. 634 of the Criminal Code, which enshrined the statutory right to peremptory challenges of potential jurors (as opposed to challenges for cause). The bill in question replaced s.634 with a new provision that allowed expanded… Continue reading
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