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Girouard v CJC: An Administrative State Coup?
The administrative state is not a constitutional mandate Continue reading
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McCaw: Declarations of Invalidity in the ONSC
Can one ONSC judge bind another? Continue reading
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Rendering Unto the Judiciary
Justice Martineau’s recent article on judicial courage Continue reading
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Trinity Western: Is this the price of good doctrine?
In Trinity Western, the Court confirmed (to undoubted cries of agony) that its approach to judicial review of administrative decisions implicating Charter rights, set out in Doré, is nominally still good law. But in application, the Court significantly changed Doré. It applied the typical tests developed in the context of constitutional challenges to legislation, Continue reading
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Remarks on Bill C-76
Freedom of expression issues in an electoral reform bill Continue reading
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading
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Politics in, and of, Law Schools
That legal education is tied up with politics is no excuse for indoctrination or ideological homogeneity Continue reading
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A “non-constitutional” take on the Canada Summer Jobs Program (by guest blogger Kathryn Chan)
The Trudeau government’s administration of the Canada Summer Jobs Program has attracted a great deal of criticism in recent weeks. Controversy swirls around the “detestable attestation”, which requires groups that apply for program funding to attest that both the job [for which they plan to use the funding] and the group’s core mandate respect individual Continue reading
Double Aspect 