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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • December 7, 2022

    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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    Constitutional law
    constitutional amendment, monarchy, oath, provincial constitution, Quebec
  • December 2, 2022

    In Memoriam, Stephen A. Smith

    Memories of one of my favourite professors

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    Uncategorized
    law school, McGill, professor
  • November 27, 2022

    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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    Administrative Law
    Administrative Law, deference, regulations, Vavilov
  • November 14, 2022

    Why Read Cases?

    Some advice for law students

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    Uncategorized
    advice for students, case law, common law, law school
  • November 4, 2022

    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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    Uncategorized
    Charter, judicial review, Supreme Court of Canada
  • October 25, 2022

    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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    Administrative Law, Law and economics
    cost-benefit analysis, judicial review, proportionality, public interest litigation, standing, UK
  • October 6, 2022

    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

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    Uncategorized
  • September 20, 2022

    Learn Your Craft!

    Justice Stratas shares his thoughts on succeeding in law school and beyond on the new episode of the Pod

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    Podcast Episodes
    law school, lawyers, legal profession, Stratas
  • September 17, 2022

    Happy Constitution Day!

    A love note to a document and a tradition

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    Constitutional Theory
    constitutionalism, United States
  • September 16, 2022

    “Bureaucratese”

    Newly-minted Leader of His Majesty’s Official Opposition, Pierre Poilievre, recently announced that he plans to propose a “plain-language law” to tackle “bureaucratese.” According to Poilievre, bureaucratese “costs the economy a fortune.” His proposal will “require government publications to use the fewest and simplest words needed to state information.” Now, much of this proposal is probably

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    Uncategorized
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