Constitutional law
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R v Poulin: Charter Interpretation in the Spotlight
Introduction Section 11 (i) of the Charter guarantees the right to offenders “if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” Ambiguity ripples through this provision. Most notably, does the provision… Continue reading
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Ignoring Legislative Intent: Deference in Quebec and s.96
The constitutionality of a regime of deference is not something much explored in the wider context of Canadian administrative law. But in Quebec, the question is a live one because of particular statutory and judicial arrangements. The Quebec Court of Appeal just released a case [the Reference] that dealt with the question head on: does… Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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The System Is Working
Environmentalist groups have a point when they say they are being muzzled by Elections Canada; trouble is, that’s exactly how the law is meant to work Continue reading
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over.… Continue reading
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What Do You Want?
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided Continue reading
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Guest Post: Andrew Bernstein
A response to Mark Mancini’s post on Supreme Court appointments Continue reading
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In the Beginning
Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter Continue reading
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An Empty Vessel
Thoughts on the Justice Kasirer appointment process Continue reading
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading
Double Aspect 