Constitutional law
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Bad Taste
Overzealous prosecutors in Québec charge the author and publisher of a novel with child pornography for describing a rape Continue reading
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Does the Constitution Mean Anything?
In defence of textualism in constitutional interpretation Continue reading
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A Perspective from the North
A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law Continue reading
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Our Pythic Judges: SNC-Lavalin
In Ancient Greece, travelers from far and wide descended upon the Oracle at Delphi. Known collectively as the Pythia, these priestesses or women of Delphi, over generations, provided advice and counsel to anyone wishing to seek it. The Pythia were thought to channel the god Apollo. As the mythology of the Pythia grew, with kings… Continue reading
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Climb Out!
The Québec Court of Appeal errs in holding that corporations are protected against cruel and unusual punishment Continue reading
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Our Government
Some implications from Jody Wilson-Raybould’s testimony Continue reading
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Justice Beetz’s Unity of Public Law
What an old SCC case tells us about the unity of public law Continue reading
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Sentencing Judgment Found Inside a Chinese Fortune Cookie
The sentencing judgment in the Québec City mosque shooter’s case is badly flawed Continue reading
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The Statement of Principles
Thus far, I have stayed out of the controversy surrounding the Statement of Principles [SOP] because I have nothing new to add. Leonid has, in a series of posts, outlined the in-principle objections to the SOP, while others have suggested that the SOP is a modest, necessary remedy for a difficult problem. But as the… Continue reading
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Textual Judicial Supremacy
The Canadian constitution’s text makes it clear that judges must have the last word on its interpretation Continue reading
Double Aspect 