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“Purposive” Does Not Equal “Generous”: The Interpretation Act
It is often said in Canada that statutes must be interpreted “purposively” and “generously.” Many cite the federal Interpretation Act’s s.12, which apparently mandates this marriage between purposive and generous interpretation: 12 Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its…
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Just Asking
Should the power over criminal law be transferred to the provinces?
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What Needs to Be Said
Sometimes people say things that need to be said. These things may make us uncomfortable. They may force us to look in the mirror. They may ask us to really sit and think about our conduct. We might not like to hear these things, but they might start a discussion. Or maybe they will force…
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The Sex Appeal of Power
I’ve noticed a disturbing trend recently, in both politics and law. The idea is what I call the “one-way ratchet fallacy” of power. It goes like this: when an institution or entity obtains power of some kind, that power will only ever be used to fulfill certain goals rather than others. That is, people might…
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When the Surgeons Miss
Federalism and the Genetic Non-Discrimination Act Reference
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The Self-Own of Court-Packing
2020 dealt us another major blow last week, when Justice Ruth Bader Ginsburg passed away at the age of 87. Justice Ginsburg, agree or disagree with her jurisprudentially, was an inspiration to many. Rightly so. She was a trailblazer. Incidentally, for anyone interested, there is a great movie about her life in the law: “On…
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Of Malice and Men
Double Aspect responds to attacks on another scholar
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Just Hook It to My Veins
Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation
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Contrarians at the Gates
On responsible scholarship and engagement with heterodox ideas
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On John Willis and the Pesky Politics of Administrative Law
John Willis was and is considered one of Canada’s most important administrative law academics. As a student of administrative law and the law of judicial review, one cannot skip Willis’ classic works, like his books “The Parliamentary Powers of English Government Departments” and “Canadian Boards at Work”—and his caustic papers, including his attack on the…
Double Aspect 