Constitutional law
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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
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The Dead Intent of the Framers
The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How… Continue reading
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It Doesn’t Work That Way
Legislation interfering with a municipal election does not violate freedom of expression ― contrary to what an Ontario judge has found Continue reading
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Toronto v Ontario: A Remedy Seeking a Right
Constitutional politics and the notwithstanding clause Continue reading
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Things I Dislike about the Constitution
10 problems with the Canadian constitution (according to its original meaning) Continue reading
Double Aspect 