Constitutional law
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More Charter Values Nonsense
When will this end? Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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Shouting into the Constitutional Void
Section 28 of the Canadian Charter and Québec’s Bill 21 Continue reading
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Do Not Pass Section 1: Go Directly to Invalidity
Some infringements on rights are never acceptable in a free and democratic society, including requirements to state facts one doesn’t believe in Continue reading
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Sticking It to the Feds
Why Ontario’s anti-carbon-tax stickers are likely unconstitutional, and certainly immoral Continue reading
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It’s Happening Here Too
Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights Continue reading
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now… Continue reading
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What Was Equilibrium Like?
Do police need a warrant before pretending to be a child to attract would-be molesters? Continue reading
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When Dicey Smiles
The Supreme Court upholds immigration detainees’ right to habeas corpus Continue reading
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Concurring Opinion
Does the Charter’s “notwithstanding clause” exclude judicial review of legislation? Not quite! Continue reading
Double Aspect 