Constitutional law

January 29, 2016

Let Them Vote

I have a new post up at the CBA National Magazine’s blog, arguing that, with one significant qualification, a private member’s bill that would lower the voting age at federal elections to 16 is a good idea and should be enacted. I have already made the case for lowering the voting age, to 16 if… Continue reading

Law of Democracy

blogging, Canada, elections, politics, voting
January 25, 2016

Follow Instructions

School prayer is unconstitutional ― even in Alberta and Saskatchewan A couple of months ago, Benjamin Oliphant wrote, on the Policy Options blog, about a controversy over school prayer in Alberta: some schools still start their days with the Lord’s Prayer, which some parents oppose. Constitutionally, Mr. Oliphant pointed out, the matter is somewhat complicated. A… Continue reading

Constitutional law, Law and Religion

Alberta, Charter, neutrality, prayer, Saskatchewan, schools
January 19, 2016

Yes, They Can

Constitutional amendment with provincial consent is not required for electoral reform. The federal government’s pursuit of electoral reform has raised a number of questions: is reform necessary or desirable at all? If so, what new electoral system to adopt? Should the people be consulted before reform is implemented? And now, thanks to op-eds published by Michael… Continue reading

Constitutional law, Law of Democracy

architecture, Canada, constitutional amendment, elections, electoral reform, politics
January 18, 2016

Why’d You Do This?

Giving Parliament more time on assisted suicide, the Supreme Court fails to explain itself On Friday, the Supreme Court issued its ruling on the federal government’s request for an extension of the suspension of the declaration of unconstitutionality of the Criminal Code’s provisions that have the effect of making assisted suicide unlawful in all circumstances.… Continue reading

Constitutional law

assisted suicide, Charter, judicial review, reasons, Supreme Court of Canada, suspended declaration of unconstitutionality
January 15, 2016

Taking Doctrine Seriously

Some thoughts on a most interesting lecture by Justice David Stratas Last week, at the Canadian Constitution Foundation’s Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called “The Decline of Legal Doctrine.” I highly recommend it. I won’t summarize it beyond saying that Justice Stratas’… Continue reading

Administrative Law, Constitutional law, Legal philosophy

judges, judicial review, Justice Stratas, legal doctrine, politics, public law
January 11, 2016

Extra Time

Assisted suicide and the trouble with giving politicians time to respond to judicial decisions This morning, the Supreme Court heard oral argument in the federal government’s application to extend the suspension of the declaration of invalidity of the Criminal Code‘s provisions that have the effect of prohibiting assisted suicide in any circumstances, which the Court granted… Continue reading

Constitutional law, Constitutional Theory

assisted suicide, Charter, judicial review, remedies, Rule of Law, Supreme Court of Canada, suspended declaration of unconstitutionality
December 20, 2015

Silencing the Bullies

In my last post, I wrote about the decision of the Supreme Court of Nova Scotia in Crouch v. Snell, 2015 NSSC 340, which struck down that province’s Cyber-Safety Act, a law intended “to provide safer communities by creating administrative and court processes that can be used to address and prevent cyberbullying.” Justice McDougall held that the… Continue reading

Constitutional law, New Technologies

censorship, Charter, cyber-bullying, freedom of expression, procedure, Rule of Law
December 15, 2015

Anti-Bullying Law Struck Down

Last week, the Supreme Court of Nova Scotia struck down the province’s recently-enacted anti-cyber-bullying legislation, the Cyber-Safety Act. In Crouch v. Snell, 2015 NSSC 340, Justice McDougall holds that the Act both infringed the freedom of expression protected by s. 2(b) of the Canadian Charter of Rights and Freedoms, and made possible deprivations of liberty inconsistent with… Continue reading

Constitutional law, New Technologies

Charter, cyber-bullying, freedom of expression, fundamental justice, procedural fairness, vagueness
December 1, 2015

Blessing Hypocrisy

After somewhat of a hiatus, I am back to blogging for the CBA National Blog. In a post they have just published, I come back to the issue of people smuggling, on which the Supreme Court delivered two decisions last week, which I summarized here. As I have already explained here and here, I believe that the… Continue reading

Constitutional law

blogging, open borders, people smuggling, Supreme Court of Canada
November 29, 2015

The Scope of Smuggling

On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In B010 v. Canada (Citizenship… Continue reading

Constitutional law

Charter, immigration law, overbreadth, people smuggling, refugees, statutory interpretation