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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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When Dicey Smiles
The Supreme Court upholds immigration detainees’ right to habeas corpus
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Concurring Opinion
Does the Charter’s “notwithstanding clause” exclude judicial review of legislation? Not quite!
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Judges are Subject to Law, Too
Last summer, I wrote a blog post about a concerning case out of the Federal Court, Girouard v CJC. The gist of the case was the claim by the Canadian Judicial Council (CJC) that their reports, recommendations, and decisions in the course of the investigation of a judge were not subject to judicial review under
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I Said Don’t Do It
The federal government is wrong to involve Québec in the process of appointing the next Supreme Court judge
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Devaluing Section 33
What happens to “Charter values” when a statute invokes the “notwithstanding clause”―and what this might mean for Québec’s Bill 21
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No Way to Make Law
The legislative process is being disgracefully abused in Ontario. Constitutional lawyers need to pay attention.
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Deregulate All the Lawyers
Why deregulation is the solution to the conflict around the “Statement of Principles” (in addition to being good for access to justice)
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law
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The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference.
Double Aspect 