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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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Not This Way
The trouble with a proposal for “a Canadian originalism”
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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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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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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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Lost Virtue
Joseph Raz revisits the subject of the virtue of the Rule of Law
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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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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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Vancouver Event Next Week
Announcing another talk
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When Judicial Disagreement Doesn’t Matter
What does it mean for an appellate court’s decision to be unanimous?
Double Aspect 