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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.
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Why Governments Are Not Angels
The SNC-Lavalin affair reveals serious challenges to the functioning of all three branches of the Canadian government
Double Aspect 