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Day One: Joanna Baron
National Director, Runnymede Society As somebody whose Christmas spirit animal, on a sanguine day, is the Grinch, I couldn’t co-sign more on Mark and Leonid’s brilliant idea to celebrate the festive season with a fortnight of piling-on to the highest court in the land. So, without further ado, five of the SCC’s decisions that either Continue reading
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Statutory Interpretation in Admin Law and the Supreme Court’s Trilogy
Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a Continue reading
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The Administrative Law “Trilogy”: The Stare Decisis Trap
This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its Continue reading
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Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations. Continue reading
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Vancouver Event Next Week
Announcing another talk Continue reading
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Upcoming Canadian Talks
Events at Calgary, McGill, and Queen’s Continue reading
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Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications Continue reading
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Twitter Blocking, Freedom of Expression, and Public Forums
Canadian legal twitter and podcasting celebrity Emilie Taman, along with a few other plaintiffs, have started a constitutional challenge in which they allege that Ottawa Mayor Jim Watson has violated their freedom of expression by ‘blocking’ them on his twitter account. As described by the Ottawa Citizen’s David Reevely: When Mayor Jim Watson blocks people Continue reading
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Oliphant on the Constitutionality of Twitter Blocking
Announcing an upcoming guest-post Continue reading
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The Dead Intent of the Framers
The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How Continue reading
Double Aspect 