Guest Posts
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Montreal and Aboriginal Law
Is Montreal built on unceded Indigenous land? No, actually Continue reading
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Rethinking Peace, Order, and Good Government in the Canadian Constitution
This post is written by Brian Bird. The United States has life, liberty and the pursuit of happiness. France has liberté, égalité, fraternité. What is the calling card of the Canadian Constitution? It is peace, order and good government. Apart from being a concise expression of the political philosophy that animates Canadian society, or at 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
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Guest Post: Andrew Bernstein
We continue our week of guest posts. This time, we will be posting a contribution from Andrew Bernstein (Tory’s), in response to my post last week on the ideal of neutrality in legal interpretation. Continue reading
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Guest Post: Marc-Antoine Gervais
It is my pleasure to announce a guest post today by Marc-Antoine Gervais, on the subject of declarations of invalidity as in rem judgments. The post is a response to Paul Daly’s recent post on declarations of invalidity in the aftermath of the Sullivan decision. Marc-Antoine has a larger paper coming out in the McGill Continue reading
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On Responsible Scholarship
A Reply to Stepan Wood, Meinhard Doelle, and Dayna Scott Continue reading
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La Constitutionnalité de l’application de la Loi 101 aux entreprises fédérales
Le 18 août dernier, le ministre responsable de la Langue française, M. Simon Jolin-Barette, a annoncé qu’il souhaitait voir la Charte de la langue française appliquée aux entreprises sous juridiction fédérale. Une telle mesure forcerait notamment les entreprises fédérales à obtenir un certificat de francisation et à se soumettre à une série d’obligations destinées, comme l’indique le préambule de Continue reading
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Can We Be Friends?: A Conservative Reply to Leonid Sirota’s “Refusionism”
This post is written by Thomas Falcone I was surprised, if a little taken aback, by Leonid Sirota’s recent declaration on Double Aspect that he is opposed to co-operation with conservatives whom he deems insufficiently committed to a rigid Hayekian philosophy. The reason for my surprise lay not in Sirota’s ideology laid bare – he 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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Day Six: Carissima Mathen
It was a formidable challenge to select only three Supreme Court dissents. To make the choice more manageable, I decided to stick to Charter case law, and to focus on opinions that I personally found persuasive. That left out a number of notable opinions, such as William McIntyre’s uncompromising yet necessary challenges to his colleagues Continue reading
Double Aspect 