-
Can We Be Friends?: A Conservative Reply to Leonid Sirota’s “Refusionism”
This post is written by Thomas Falcone I was surprised, if a little taken aback, by Leonid Sirota’s recent declaration on Double Aspect that he is opposed to co-operation with conservatives whom he deems insufficiently committed to a rigid Hayekian philosophy. The reason for my surprise lay not in Sirota’s ideology laid bare – he
-
Unconstitutional and Unconstitutional
Why delegating plenary taxing powers to the executive is wrong as a matter of constitutional principle and constitutional law
-
Stupid. But Constitutional.
The Globe and Mail reports that the government is seeking to introduce wideranging methods to permit the Cabinet to raise revenue. However, this report has now evolved, and the proposed measures have been walked back. But the original Globe article said: One section of the bill grants cabinet the power to change taxation levels through
-
The Nero Post: Two Niche Issues in Judicial Review Post-Vavilov
Lest I be accused of fiddling while Rome burns, I wish to note that I approach a pandemic as a time in which we must, subject to social distancing and isolation, proceed as normal as much as possible. Indeed, it is this sense of normalcy that should characterize what we do as much as possible.
-
Refusionism
Conservatism is, once again, becoming a form of right-wing collectivism. Classical liberals and libertarians should stay away.
-
UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the
-
The Limits of Self-Government
Indigenous self-government cannot dispense with the Rule of Law and with democracy
-
Horrocks: What Happens to Agraira?
One of the more nerdy judicial review questions is the standard of review applicable from an appellate court to a lower court in judicial review cases. That is, how do appellate courts deal with lower court decisions that, either through a right of appeal or by application for judicial review, review administrative decisions? The current
-
On the Rule of Law, Blockades, and Indigenous Self-Government
Recently, Canadians have been captivated by a set of protests occurring both in British Columbia and Ontario in relation to the Coastal GasLink pipeline. The pipeline is a $6B dollar, 670 km project which runs across Northern British Columbia. In British Columbia, the hereditary chiefs of the Wet’suwet’en lead blockades across the pipeline path, even
-
Vavilov and the “Culture of Justification”
(Alyn) James Johnson In Canada (Minister of Citizenship and Immigration) v. Vavilov (2019 SCC 65), the Supreme Court of Canada strongly endorses a “culture of justification” (at paras. 2, 14). This concept, which has rarely been mentioned let alone employed by a Canadian court in the past (a CanLII search reveals only the concurring judgment
Double Aspect 