Constitutional law
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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
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Interpretation and the Value of Law II
This post is written by Leonid Sirota and Mark Mancini. We read with interest Stéphane Sérafin, Kerry Sun, and Xavier Foccroulle Ménard’s reply to our earlier post on legal interpretation. In a nutshell, we argued that those who interpret legal texts such as constitutions or statutes should apply established legal techniques without regard for the… Continue reading
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Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis Continue reading
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Still Wrong, Just a Little Less So
The Québec Court of Appeal errs in thinking the Charter prevents the imposition of, in effect, life imprisonment without parole Continue reading
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An Oddity in Strom
In October, the Saskatchewan Court of Appeal released its much-anticipated decision in Strom. Strom raised a number of important issues: “ “at the intersection between professional regulation, Ms. Strom’s private life, and the s.2(b) Charter guarantee of freedom of expression in the age of social media.” Strom was a registered nurse. Her grandfather tragically… Continue reading
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Constitutional Law Ruins Everything. A (sort of) response to Mancini’s “Neutrality in Legal Interpretation.”
This post is by Andrew Bernstein. No! I am not an academic nor was meant to be.Am a mere practitioner, one that will doTo settle a dispute, argue an appeal or twoWhen advising clients, the law’s my tool.Deferential, if it helps me sway the courtArgumentative, and (aspirationally) meticulous.Case-building is my professional sportTrying my hand at… Continue reading
Double Aspect 