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Ontario’s COVID-19 Discretion Tragedy
Ontarians watched with a mix of horror and confusion on Friday as Premier Ford and medical officials announced what could only be described as drastic measures to, apparently, curb the spread of COVID-19 and its related variants. While the government has flip flopped on these measures since, and it is unclear if further changes are
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Interpretation and the Value of Law II
This post is written by Leonid Sirota and Mark Mancini. We read with interest Stéphane Sérafin, Kerry Sun, and Xavier Foccroulle Ménard’s reply to our earlier post on legal interpretation. In a nutshell, we argued that those who interpret legal texts such as constitutions or statutes should apply established legal techniques without regard for the
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One of the Institutions of the Land
More mixed feelings about John A. Macdonald
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Against Pure Pragmatism in Statutory Interpretation III: A Way Forward and Walsh (ONCA)
About a month ago, I wrote two posts attacking the concept of “pragmatism” in Canadian statutory interpretation. So my argument goes, the seminal Rizzo case, while commonly said to herald a “purposive” approach to interpretation, is actually methodologically pragmatic This is because the famous paragraph from Rizzo, which contains a list of things an interpret
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Interpretation and the Value of Law
Why the interpretation of law must strive for objectivity, not pre-determined outcomes
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Against Pure Pragmatism in Statutory Interpretation II: Evaluating Rizzo
Part II in a 3 part Double Aspect series
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Against Pure Pragmatism in Statutory Interpretation I
The first post in a three-part Double Aspect series.
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Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis
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Mere Liberalism
A response to a common caricature of liberal beliefs
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The Top Statutory Interpretation Cases of 2020
A banner year for interpretation
Double Aspect 