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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
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An Empty Vessel
Thoughts on the Justice Kasirer appointment process
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology
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Access to Justice and the Administrative State
Recently, as is well-known, the Ontario government announced a 30% cut to legal aid. The effects of this cut are already being felt, most prominently at Canada’s largest tribunal. The Immigration and Refugee Board [IRB] announced last week that it expected the legal aid cuts to cause “longer hearings, more postponements and adjournments and more…
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Offspring of Depravity
The origins of the administrative state, and why they matter
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The Empire is Still Strong: A Response to Prof. Daly
Over on Administrative Law Matters, Prof. Daly writes that “[a]nti-administrativists have not had a good couple of weeks.” So his argument goes, in the last number of years “the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitment of the Founding Fathers.” This “cartoonish…
Double Aspect 