Constitutional law
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Activism v Constitution
The federal court rightly holds that the judiciary cannot control Canada’s climate policy Continue reading
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Missing the Forest for the Living Tree
What Lord Sankey actually meant with his living tree metaphor Continue reading
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Just Asking
Should the power over criminal law be transferred to the provinces? Continue reading
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What Needs to Be Said
Sometimes people say things that need to be said. These things may make us uncomfortable. They may force us to look in the mirror. They may ask us to really sit and think about our conduct. We might not like to hear these things, but they might start a discussion. Or maybe they will force… Continue reading
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The Sex Appeal of Power
I’ve noticed a disturbing trend recently, in both politics and law. The idea is what I call the “one-way ratchet fallacy” of power. It goes like this: when an institution or entity obtains power of some kind, that power will only ever be used to fulfill certain goals rather than others. That is, people might… Continue reading
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When the Surgeons Miss
Federalism and the Genetic Non-Discrimination Act Reference Continue reading
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The Self-Own of Court-Packing
2020 dealt us another major blow last week, when Justice Ruth Bader Ginsburg passed away at the age of 87. Justice Ginsburg, agree or disagree with her jurisprudentially, was an inspiration to many. Rightly so. She was a trailblazer. Incidentally, for anyone interested, there is a great movie about her life in the law: “On… Continue reading
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Unstuck
Ontario’s Superior Court strikes down the anti-carbon tax-sticker law, but still doesn’t get freedom of expression Continue reading
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Throwing Away the Key
Thoughts on life imprisonment without parole, in New Zealand and in Canada Continue reading
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Unusual Indeed
The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading
Double Aspect 