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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • December 23, 2018

    Double Aspect’s Twelve Days of Christmas

    Announcing a riotous blogging symposium for the festive season

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    Administrative Law, Constitutional law, Criminal Law/Policy
    blogging, Supreme Court of Canada
  • December 21, 2018

    R v Boudreault: Parliament’s Cross to Bear

    The rule of law does not countenance the frequent use of suspended declarations.

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    Constitutional law, Constitutional Theory
    Rule of Law, suspended declaration of unconstitutionality
  • December 20, 2018

    Not This Way

    The trouble with a proposal for “a Canadian originalism”

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    Constitutional law, The Justice System
    Canada, Charter, originalism, Parliamentary sovereignty
  • December 19, 2018

    Can’t Take It

    Can the police seize a computer (without searching it) if only one of its co-owners consents?

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    Constitutional law, Criminal Law/Policy
    Charter, computers, privacy, search, seizure
  • December 17, 2018

    Statutory Interpretation in Admin Law and the Supreme Court’s Trilogy

    Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a

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    Administrative Law, Uncategorized
    judicial review, statutory interpretation
  • December 7, 2018

    The Administrative Law “Trilogy”: The Stare Decisis Trap

    This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its

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    Administrative Law, Uncategorized
    Administrative Law, judicial review, stare decisis
  • December 5, 2018

    Lost Virtue

    Joseph Raz revisits the subject of the virtue of the Rule of Law

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    Legal philosophy
    interpretation, Raz, Rule of Law
  • November 29, 2018

    Lowering Expectations: The Supreme Court’s Standard of Review Cases

    Why, sadly, Canada’s administrative law community should probably lower its expectations.

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    Administrative Law, Uncategorized
    Administrative Law, standard of review
  • November 22, 2018

    The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law

    Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point.

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    Administrative Law, Legal philosophy
    Administrative Law, incentives, judicial review, reasons, Supreme Court of Canada
  • November 19, 2018

    Vancouver Event Next Week

    Announcing another talk

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    Uncategorized
    constitutional interpretation, dialogue, notwithstanding clause, Rule of Law
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