Constitutional law
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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
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Remarks on Bill C-76
Freedom of expression issues in an electoral reform bill Continue reading
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The Real Contempt
New Zealand’s Parliament considers legislation that would shield courts from criticism ― and make them instruments of censorship Continue reading
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Setting the Story Straight
History, Originalism, and the Supreme Court’s decision in Comeau Continue reading
Double Aspect 