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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • 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
  • May 27, 2019

    When Dicey Smiles

    The Supreme Court upholds immigration detainees’ right to habeas corpus

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    Administrative Law, Constitutional law
    administrative state, Charter, Dicey, habeas corpus, immigration law, remedies
  • May 23, 2019

    Concurring Opinion

    Does the Charter’s “notwithstanding clause” exclude judicial review of legislation? Not quite!

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    Constitutional law
    Canada, Charter, judicial review, New Zealand, notwithstanding clause
  • May 22, 2019

    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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    Administrative Law, Constitutional Theory, The Justice System
    Administrative Law, administrative state, Rule of Law
  • May 16, 2019

    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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    Constitutional law, Federalism, The Justice System
    Canada, Charte de la honte, Charter, judicial appointments, Québec, Supreme Court of Canada
  • May 14, 2019

    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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    Administrative Law, Constitutional law
    Charte de la honte, Charter, Charter values, judicial review, notwithstanding clause
  • May 10, 2019

    No Way to Make Law

    The legislative process is being disgracefully abused in Ontario. Constitutional lawyers need to pay attention.

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    Constitutional law
    legislation, legislative procedure, Ontario, politics, separation of powers
  • May 8, 2019

    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 Justice System
    deregulation, Law Society, lawyers, legal profession, statement of principles
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