Constitutional law
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R v Boudreault: Parliament’s Cross to Bear
The rule of law does not countenance the frequent use of suspended declarations. Continue reading
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Not This Way
The trouble with a proposal for “a Canadian originalism” Continue reading
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Can’t Take It
Can the police seize a computer (without searching it) if only one of its co-owners consents? Continue reading
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Reading from a Palimpsest
The Supreme Court of New Zealand holds that declarations of inconsistency are available when Parliament disregards the New Zealand Bill of Rights Act Continue reading
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Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible. Continue reading
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The Supreme Court’s Hubris in Mikisew Cree Nation v Canada
In Mikisew Cree Nation, the Supreme Court dealt with a novel argument: does the duty to consult [DTC] attach to legislative action? The Court, rightly, answered no, holding unanimously that the Federal Court had no jurisdiction under the Federal Courts Act over a judicial review brought against Parliament’s law-making power. But the Court split into… Continue reading
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Dealing with Delegation
Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive Continue reading
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Constitutionalism from the Cave
The constitution is a binding law, not just an incomplete statement of political ideals Continue reading
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Deuxième Moisson
Tout comme il y a quatre ans, le DGE essaie de censurer une intervention de la société civile dans la campagne électorale québécoise Continue reading
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Trinity Western, Dissected
The video of a discussion of the Supreme Court’s decision, held at the Centre for Constitutional Studies Continue reading
