-
The Diceyan Trope
Metaphors, labels, and particular phrases seem to be a constant theme running through Canadian law. In virtually every area of public law, the Supreme Court deploys clever labels and metaphors to convey ideas that are bundled with certain inferences or assumptions about the ideas themselves. The most famous, perhaps, is the living tree model of…
-
Australia 1:0 Canada
Canadians have much to learn from the Australian High Court’s take on election spending limits for “third parties”
-
Affidavi
Why I oppose the Law Society of Ontario’s “statement of principles”
-
At the Executive’s Pleasure
When Parliament delegates power to agencies, it does so for any number of reasons. At least in theory, Parliament could delegate to a tribunal because it genuinely believes that some particular problem requires expert treatment. Parliament could also delegate as part of a “make or buy” decision, in a Coasian sense: the costs of crafting…
-
Look, Look, over There!
What role should comparative law play in constitutional adjudication in Canada?
-
Civics, Feelings, and Politics
Expatriates’ alleged lack of connection to particular ridings is not a good reason to disenfranchise them
-
Romancing the Law
An ode to formalism and reflections on Runnymede’s Law and Freedom Conference
-
Doré Adrift
Why the Supreme Court’s approach to the Charter in the context of administrative law fails to live up to its promises
-
Maryniuk on Doré
The Supreme Court’s decision in Doré v Barreau du Québec, 2012 SCC 12, [2012] 1 SCR 395 continues to be one of its most consistently criticized. It was, for instance, one of the most frequently mentioned as being among the Court’s worst by the participants in our recent 12 Days of Christmas symposium. Even more…
-
Doing Right on Rights
Why the Supreme Court was right to find the disenfranchisement of Canadians abroad unconstitutional
Double Aspect 