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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • September 19, 2018

    The Dead Intent of the Framers

    The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How…

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    Constitutional law, Constitutional Theory, Uncategorized
    Charter, notwithstanding clause, originalism
  • September 17, 2018

    It Doesn’t Work That Way

    Legislation interfering with a municipal election does not violate freedom of expression ― contrary to what an Ontario judge has found

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    Constitutional law, Law of Democracy
    Charter, freedom of expression, municipalities, Ontario, Toronto, voting
  • September 11, 2018

    Toronto v Ontario: A Remedy Seeking a Right

    Constitutional politics and the notwithstanding clause

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    Constitutional law, Constitutional Theory
    Charter, freedom of expression, notwithstanding clause, voting
  • September 10, 2018

    10 Things I Dislike About Administrative Law

    A perspective from a skeptic

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    Administrative Law, Legal philosophy
    Administrative Law, judicial review, Rule of Law
  • September 9, 2018

    Upcoming Events

    Talks and discussions in Saskatoon and Edmonton

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    Uncategorized
  • September 5, 2018

    Girouard v CJC: An Administrative State Coup?

    The administrative state is not a constitutional mandate

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    Administrative Law, Uncategorized
    Administrative Law, administrative state, federal court of canada, Superior Courts
  • September 4, 2018

    Things I Dislike about the Constitution

    10 problems with the Canadian constitution (according to its original meaning)

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    Constitutional law
    Canada, economic liberty, judicial independence, notwithstanding clause, originalism, Parliamentary sovereignty, property rights
  • August 31, 2018

    The Bowels of Administrative Law

    Administrative guidelines that make it difficult to challenge the administrative state.

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    Administrative Law
    Administrative Law, procedural fairness, rights
  • August 25, 2018

    For Your Freedom and Ours

    Honouring and learning from the 1968 Red Square Demonstration

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    History, Political philosophy
    communism, freedom of conscience, freedom of expression, ideology, protest, Russia
  • August 23, 2018

    McCaw: Declarations of Invalidity in the ONSC

    Can one ONSC judge bind another?

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    Constitutional law, The Justice System, Uncategorized
    Constitutional law, Ontario Superior Court, remedies
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