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Nothing to Celebrate
Québec’s irreligious dress code proposal isn’t an opportunity to extol democracy, or to do away with judicial review of legislation
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Abellian “Law”
It is with an utter lack of surprise that I yet again fill the virtual pages of Double Aspect with thoughts on another of Justice Abella’s comments on the nature of judging. Both Leonid and I have continuously written about how Justice Abella frequently displays a judicial arrogance that is inconsistent with the role of
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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights?
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The “Return” of “Textualism” at the SCC[?]
Under the so-called “modern approach” to statutory interpretation, courts are instructed to take into account the text, context, and purpose of a statute. But perhaps because the “text, context, and purpose” recital is so commonplace, other difficult interpretive questions are masked under its patina. For example, which takes priority—text or purpose? The Supreme Court has
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End of a Scandal
An attempt to criminalize criticism of New Zeand’s judges is rejected by a parliamentary select committee
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Ce qui compte
Que le projet de loi anti-religieux du Québec soit ou non raciste ou islamophobe est sans importance. Ce qui compte, c’est son illibéralisme
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What Really Matters
Whether Québec’s anti-religious bill is racist or Islamophobic is beside the point. What matters is its illiberalism
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Judicial Supremacy, Again
Another attack on judicial supremacy misses the mark
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Can an agency choose not to enforce Bill 21?
Last week, the English Montreal School Board [EMSB] announced that it is refusing to to implement Bill 21, introduced by the Quebec government. The law would ban workers in the public sphere in positions of authority from wearing “religious symbols” while at work. The government, apparently cognizant of the challenges this could raise under the
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Is Québec’s Dress Code Unconstitutional?
There is a serious argument to be made that Québec’s ban on religious symbols infringes the federal division of powers
Double Aspect 