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CARL v Canada, 2019 FC 1126: Administrative Delegation and Guidelines
How far can an administrative agency go before it fetters its decision-making discretion? This is an important practical question. On one hand, the Federal Court of Appeal has recognized that agencies can issue guidelines—even in absence of any legislative authorization to do so (Thamotharem, at para 56), in part because agencies are masters in their
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The System Is Working
Environmentalist groups have a point when they say they are being muzzled by Elections Canada; trouble is, that’s exactly how the law is meant to work
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The First Year of Law School
For many, the coming of September signals the start of a new school year. More specifically, law schools will be kicking into full gear in the coming days and weeks, and nervous 1Ls will occupy the halls of law schools the country over. 1L can be a scary time; meeting new people, overcoming the challenges
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The Tragedy of Lord Sumption
Thoughts on Lord Sumption’s views on the relationship between law and politics
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The Fault Will Be Ours
Lord Sumption on politics, law, and the meaning and decline of democracy
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over.
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What Do You Want?
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided
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Guest Post: Andrew Bernstein
A response to Mark Mancini’s post on Supreme Court appointments
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In the Beginning
Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter
Double Aspect 