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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • June 18, 2019

    Do Not Pass Section 1: Go Directly to Invalidity

    Some infringements on rights are never acceptable in a free and democratic society, including requirements to state facts one doesn’t believe in

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    Constitutional law
    Charter, compelled speech, freedom of expression, Ontario, proportionality analysis, section 1
  • June 17, 2019

    Sticking It to the Feds

    Why Ontario’s anti-carbon-tax stickers are likely unconstitutional, and certainly immoral

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    Constitutional law
    carbon tax, Charter, compelled speech, freedom of expression, Ontario
  • June 13, 2019

    It’s Happening Here Too

    Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights

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    Administrative Law, Constitutional law
    administrative state, Charter, Doré, equality, human rights law, statutory interpretation
  • June 10, 2019

    Modern Mailmen

    Back-of-the-envelope thoughts on what the history of postal services and their competitors can teach us about the regulation of social media

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    New Technologies
    censorship, freedom of association, freedom of expression, Lysander Spooner, mail, social media
  • June 7, 2019

    Environmental Sustainability is Not An Unwritten Constitutional Principle

    On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now

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    Constitutional law, Constitutional Theory, The Justice System
    constitution, environment
  • June 5, 2019

    On the Origin of Rights

    Are religious justifications for rights and equality inadmissible in Canadian politics?

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    Legal philosophy, Political philosophy
    equality, religion, rights, secularism, Waldron
  • June 4, 2019

    “Clear Enough”

    Some thoughts on statutory interpretation.

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    The Justice System
    Canada, law, statutory interpretation, United States
  • June 3, 2019

    Two-Headed Judges

    By Peter McCormick If several judges on the Supreme Court of Canada suddenly sprouted two heads in their annual official photo, we would certainly take notice and would be looking for an explanation. But something similar has actually taken place in Supreme Court decisions without attracting either focused attention or a search for the reason why. More

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    Guest Posts, The Justice System
    co-authorship, judges, judging, Supreme Court of Canada
  • May 31, 2019

    What Was Equilibrium Like?

    Do police need a warrant before pretending to be a child to attract would-be molesters?

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    Constitutional law, Criminal Law/Policy
    Charter, investigation, privacy, surveillance, undercover police
  • May 30, 2019

    Virtual Insanity: AI and Judicial Review

    I am far from an expert on the growing trend in law and life towards “algorithmic justice,” or decision-making by machines. But a report released by the Law Foundation of New Zealand and the University of Otago got me thinking about the use of neural networks, predictive modelling, and other forms of algorithmic learning in

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    Administrative Law
    algorithmic justice, judicial review, machine learning, New Zealand
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