Constitutional Theory
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Not as Advertised
Legislative debates leading to Saskatchewan’s use of the notwithstanding clause show little interest in constitutional rights Continue reading
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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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Citizens and Judicial Independence
A lawyer’s attempt to spy on a judge is a threat to judicial independence Continue reading
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Bill C-10 and the CRTC Debacle
Does it get much worse? 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
Why the interpretation of law must strive for objectivity, not pre-determined outcomes 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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Declarations of Unconstitutionality as Judgments In Rem: A Response to Professor Daly
This post is written by Marc-Antoine Gervais, and a larger paper on the subject will appear in the McGill Law Journal (vol. 66). Canada’s model of judicial review of legislation is unusual. On the one hand, it is “diffuse” in that all courts of law (and many administrative tribunals) may decide constitutional questions. On the 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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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
Double Aspect 