The Justice System
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The Supreme Court―What Is It Good for?
The Supreme Court is deciding fewer cases; is this a sign of modesty, or boldness? Continue reading
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Does This Kat(z) Have Nine Lives?
In Katz, the Supreme Court set out the approach to judicial review of regulations. The Katz approach is (or, maybe, was) a carve-out from the general law of judicial review. As Professor Daly notes, it grants a “hyperdeferential” margin of appreciation to those that promulgate regulations. The Katz approach, based on previous cases, simply asked Continue reading
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The Supreme Court’s Leaves (Or Lack Thereof)
The Supreme Court has gone yet another week without granting leave to any cases. I am not an empiricist, and this is not something I’ve been tracking, but I gather that the Supreme Court has granted leave to less cases over time in general (not to suggest that this week is particularly representative of anything). 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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Against Pure Pragmatism in Statutory Interpretation III: A Way Forward and Walsh (ONCA)
About a month ago, I wrote two posts attacking the concept of “pragmatism” in Canadian statutory interpretation. So my argument goes, the seminal Rizzo case, while commonly said to herald a “purposive” approach to interpretation, is actually methodologically pragmatic This is because the famous paragraph from Rizzo, which contains a list of things an interpret Continue reading
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“Purposive” Does Not Equal “Generous”: The Interpretation Act
It is often said in Canada that statutes must be interpreted “purposively” and “generously.” Many cite the federal Interpretation Act’s s.12, which apparently mandates this marriage between purposive and generous interpretation: 12 Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its 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 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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Just Hook It to My Veins
Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation Continue reading
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Results-Oriented Conservatism: A Defence of Bostock
Should textualism lead to more “conservative” outcomes as a matter of course? No. Those who wish to transform textualism—a methodology of interpretation—into a vessel for conservative policy outcomes are in the wrong business. Instead of being in the business of law, they are in the business of politics. For years, a small group of Canadian Continue reading
Double Aspect 