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Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible.
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Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications…
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The Supreme Court’s Hubris in Mikisew Cree Nation v Canada
In Mikisew Cree Nation, the Supreme Court dealt with a novel argument: does the duty to consult [DTC] attach to legislative action? The Court, rightly, answered no, holding unanimously that the Federal Court had no jurisdiction under the Federal Courts Act over a judicial review brought against Parliament’s law-making power. But the Court split into…
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Dealing with Delegation
Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive
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Twitter Blocking, Freedom of Expression, and Public Forums
Canadian legal twitter and podcasting celebrity Emilie Taman, along with a few other plaintiffs, have started a constitutional challenge in which they allege that Ottawa Mayor Jim Watson has violated their freedom of expression by ‘blocking’ them on his twitter account. As described by the Ottawa Citizen’s David Reevely: When Mayor Jim Watson blocks people…
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Oliphant on the Constitutionality of Twitter Blocking
Announcing an upcoming guest-post
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Vavilov: Doing the Administrative State’s Dirty Work
Over the next few weeks, I will be taking some time in this space to summarize the submissions in the upcoming Dunsmuir review: the cases of Vavilov and Bell/NFL. Today I will focus on Vavilov, and the proposals offered by both the Appellant (the Government of Canada) and the Respondent (Vavilov) for the standard of…
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The Joke’s On Us
Canadians ought to care about who gets on the Supreme Court
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Anglin: Administrative Lawmaking
How administrators could make law in the dark of night.
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Constitutionalism from the Cave
The constitution is a binding law, not just an incomplete statement of political ideals
Double Aspect 