Constitutional Theory
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On the Rule of Law, Blockades, and Indigenous Self-Government
Recently, Canadians have been captivated by a set of protests occurring both in British Columbia and Ontario in relation to the Coastal GasLink pipeline. The pipeline is a $6B dollar, 670 km project which runs across Northern British Columbia. In British Columbia, the hereditary chiefs of the Wet’suwet’en lead blockades across the pipeline path, even… Continue reading
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Bill 21 and the Search for True Religious Neutrality
The saga of Quebec’s Bill 21, An Act respecting the laicity of the State, trudges on. In December, the Quebec Court of Appeal upheld a Superior Court decision declining to suspend certain parts of the law – which prohibits front-line public employees from displaying overt religious symbols while on duty – until a full application… Continue reading
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Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.” Continue reading
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Heresy!
The UK Supreme Court’s decision in “the Case of Prorogations” and the political constitution Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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The Tragedy of Lord Sumption
Thoughts on Lord Sumption’s views on the relationship between law and politics Continue reading
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The Fault Will Be Ours
Lord Sumption on politics, law, and the meaning and decline of democracy Continue reading
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over.… Continue reading
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Guest Post: Andrew Bernstein
A response to Mark Mancini’s post on Supreme Court appointments Continue reading
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An Empty Vessel
Thoughts on the Justice Kasirer appointment process Continue reading
