The Justice System
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The Five-Judge Myth
How many Supreme Court judges does it take to decide a civil law appeal? Continue reading
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The Cruel Ritual of the Ontario Bar Exam
Every June, lawyers-to-be in the province of Ontario make the pilgrimage to one of a few cities to undergo the ritualistic exercise of writing the bar exam. For many, the bar exam—otherwise known as the lawyer licensing exam—represents a large part of the process to become a lawyer in the province of Ontario. Students migrate Continue reading
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now Continue reading
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“Clear Enough”
Some thoughts on statutory interpretation. Continue reading
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Judges are Subject to Law, Too
Last summer, I wrote a blog post about a concerning case out of the Federal Court, Girouard v CJC. The gist of the case was the claim by the Canadian Judicial Council (CJC) that their reports, recommendations, and decisions in the course of the investigation of a judge were not subject to judicial review under Continue reading
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I Said Don’t Do It
The federal government is wrong to involve Québec in the process of appointing the next Supreme Court judge Continue reading
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Deregulate All the Lawyers
Why deregulation is the solution to the conflict around the “Statement of Principles” (in addition to being good for access to justice) Continue reading
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law Continue reading
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The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference. Continue reading
Double Aspect 