Constitutional law
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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
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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
Double Aspect 