Constitutional law
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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
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McCaw: Declarations of Invalidity in the ONSC
Can one ONSC judge bind another? Continue reading
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Rendering Unto the Judiciary
Justice Martineau’s recent article on judicial courage Continue reading
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Quis Custodiet?
If judges are the guardians of our constitutional values, they need to be guarded too, as Chief Justice McLachlin’s example shows Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;… Continue reading
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What’s Left of Freedom?
In the Trinity Western cases, the Supreme Court eviscerates religious liberty in Canada Continue reading
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state Continue reading
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Scandalizing!
Read Edward Willis’ and my submission on legislation that would censor criticism of the judiciary Continue reading
Double Aspect 