Constitutional law
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Correct, but Wrong
Thoughts on the Supreme Court’s dismissal of the challenge to Ontario’s interference in the Toronto municipal elections Continue reading
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Disinformation by Omission
Additional thoughts on the futility of regulatory responses to mis- and disinformation Continue reading
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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles… Continue reading
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The Core of It: Quebec Reference and Section 96
At the end of June, the Supreme Court of Canada released its decision in the Court of Quebec case (what I call, unoriginally, the Quebec Reference). The main question in the case: does art. 35 of the Code of Civil Procedure, which grants the Court of Quebec exclusive jurisdiction over all civil disputes up to… Continue reading
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The UK Way
What a recent decision of the UK Supreme Court can teach us about courts, legislatures, and rights Continue reading
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Common Power Grabs
A defence of Ontario’s use of the notwithstanding clause as “common good constitutionalism” is the same old tripe, under a new sauce Continue reading
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Bill C-10 and the CRTC Debacle
Does it get much worse? Continue reading
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The Politics of Law
Is law truly just a function of politics? Should it be? Continue reading
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Ontario’s COVID-19 Discretion Tragedy
Ontarians watched with a mix of horror and confusion on Friday as Premier Ford and medical officials announced what could only be described as drastic measures to, apparently, curb the spread of COVID-19 and its related variants. While the government has flip flopped on these measures since, and it is unclear if further changes are… Continue reading
Double Aspect 