Constitutional law
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Case Not Made
Unconvincing arguments against judicial enforcement of rights under the UK’s Human Rights Act 1998 Continue reading
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The Woke Dissent
The thinking animating the dissenting opinion in Ward’s case would destroy freedom of expression in the name of equality and safety Continue reading
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It Ends Well
Thoughts on the Supreme Court’s narrow but seemingly decisive rejection of a right not to be offended Continue reading
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Don’t Make Idiots into Martyrs
The Double Aspect view on why an Alberta judge was wrong to order that pandemic deniers promote the expert consensus Continue reading
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Rethinking Peace, Order, and Good Government in the Canadian Constitution
This post is written by Brian Bird. The United States has life, liberty and the pursuit of happiness. France has liberté, égalité, fraternité. What is the calling card of the Canadian Constitution? It is peace, order and good government. Apart from being a concise expression of the political philosophy that animates Canadian society, or at… Continue reading
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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
Double Aspect 