Constitutional law
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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
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I Said Don’t Do It
The federal government is wrong to involve Québec in the process of appointing the next Supreme Court judge Continue reading
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Devaluing Section 33
What happens to “Charter values” when a statute invokes the “notwithstanding clause”―and what this might mean for Québec’s Bill 21 Continue reading
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No Way to Make Law
The legislative process is being disgracefully abused in Ontario. Constitutional lawyers need to pay attention. Continue reading
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End of a Scandal
An attempt to criminalize criticism of New Zeand’s judges is rejected by a parliamentary select committee Continue reading
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Ce qui compte
Que le projet de loi anti-religieux du Québec soit ou non raciste ou islamophobe est sans importance. Ce qui compte, c’est son illibéralisme Continue reading
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What Really Matters
Whether Québec’s anti-religious bill is racist or Islamophobic is beside the point. What matters is its illiberalism Continue reading
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Can an agency choose not to enforce Bill 21?
Last week, the English Montreal School Board [EMSB] announced that it is refusing to to implement Bill 21, introduced by the Quebec government. The law would ban workers in the public sphere in positions of authority from wearing “religious symbols” while at work. The government, apparently cognizant of the challenges this could raise under the… Continue reading
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Is Québec’s Dress Code Unconstitutional?
There is a serious argument to be made that Québec’s ban on religious symbols infringes the federal division of powers Continue reading
