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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…
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The Limits of Self-Government
Indigenous self-government cannot dispense with the Rule of Law and with democracy
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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…
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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…
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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…
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Johnson on Vavilov
Announcing a guest post on the “culture of justification” in the Supreme Court’s decision in Vavilov
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Making a Monster
A report on the future regulation of the internet proposes giving the CRTC overwhelming and unaccountable powers
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What Does Vavilov Stand For?
This post is co-written with Leonid Sirota. As we previously noted in a joint post on Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, that decision leaves open the question whether reasonableness review, as explained in the majority reasons, tends toward deference or vigilance, and so whether it will be more rigorous…
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Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions
Double Aspect 