-
Day Two: Bruce Pardy
Professor of Law, Queen’s University R v Oakes, [1986] 1 SCR 103 The Supreme Court’s decision in Oakes may have seemed innocent enough at the time but it is where the trouble begins: the Supreme Court’s assertion of the authority to decide questions of social policy, the scourge of proportionality, and the erosion of the…
-
Day One: Joanna Baron
National Director, Runnymede Society As somebody whose Christmas spirit animal, on a sanguine day, is the Grinch, I couldn’t co-sign more on Mark and Leonid’s brilliant idea to celebrate the festive season with a fortnight of piling-on to the highest court in the land. So, without further ado, five of the SCC’s decisions that either…
-
Double Aspect’s Twelve Days of Christmas
Announcing a riotous blogging symposium for the festive season
-
R v Boudreault: Parliament’s Cross to Bear
The rule of law does not countenance the frequent use of suspended declarations.
-
Not This Way
The trouble with a proposal for “a Canadian originalism”
-
Can’t Take It
Can the police seize a computer (without searching it) if only one of its co-owners consents?
-
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…
-
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…
-
Lost Virtue
Joseph Raz revisits the subject of the virtue of the Rule of Law
-
Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations.
Double Aspect 