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A Defense of Doctrine
Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high…
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Consequences
Are demands that speech not be punished just a childish attempt to escape consequences?
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In the Name of God, Go!
The Canadian Judicial Council wants a tardy, cantankerous judge gone. So do I.
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Why Couldn’t They?
Quebec probably can abolish the requirement that Members of the National Assembly swear allegiance to the King
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In Memoriam, Stephen A. Smith
Memories of one of my favourite professors
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Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta
This post is derived from this week’s edition of my newsletter, the Sunday Evening Administrative Review. ______________________________________________ Auer v Auer, 2022 ABCA 375 (November 22, 2022); TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (November 23, 2022) Context and Holding: In these decisions, the ABCA deals with the question of how…
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Why Read Cases?
Some advice for law students
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The Metastasis of Charter Vibes
The rigamarole around the notwithstanding clause this week has me thinking about the reach of the Charter, and in particular, a case that will be heard by the SCC early next year: A.B. v Northwest Territories. While there are other issues in the case, at its heart is a stark proposition: is it required for…
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Standing Isn’t Free
On the importance of thinking about costs, as well as benefits, of judicial review of administrative action
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Our Democratic Deficit
Much is made of Canada’s storied democratic heritage, and on this front, there is much to celebrate. But there is also a dark side that has, from time to time—and these days, more frequently—reared its ugly head: the spectre of a parliamentary process that does not encourage either the participation or the deliberation at the…
Double Aspect 