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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?
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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
Double Aspect 