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The UK Way
What a recent decision of the UK Supreme Court can teach us about courts, legislatures, and rights
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Citizens and Judicial Independence
A lawyer’s attempt to spy on a judge is a threat to judicial independence
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Esprit d’Escalier
Just two years after its notorious decision in Gray’s case, the Supreme Court took a more skeptical view of the executive’s claims of broad emergency powers
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“Administrative Sabotage” and the Ontario Human Rights Tribunal
Recently, Professor David Noll (Rutgers Law) posted a fascinating article called “Administrative Sabotage” on SSRN, forthcoming in the Michigan Law Review. You can view the article here, and Professor Noll wrote a fascinating thread outlining its main arguments. The abstract: Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations,
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Common Power Grabs
A defence of Ontario’s use of the notwithstanding clause as “common good constitutionalism” is the same old tripe, under a new sauce
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Bill C-10 and the CRTC Debacle
Does it get much worse?
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The Politics of Law
Is law truly just a function of politics? Should it be?
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Keeping Out or Stepping In?
When should the courts intervene in internal disputes of voluntary associations?
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For What It’s Worth
University of Toronto professor Richard Stacey recently released an article in the University of Toronto Law Journal (paywalled, which is truly unfortunate), arguing that (among other things) the Supreme Court of Canada’s decision in Vavilov “affirm[s]” the Supreme Court’s controversial decision in Doré (340; see also 351). To be specific, Stacey says (340-341): Read together,
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Overcoming Justice Abella’s Admin Law Legacy
On the occasion of her retirement, what can we learn from Justice Abella’s administrative law generation?
Double Aspect 