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Trinity Western: Is this the price of good doctrine?
In Trinity Western, the Court confirmed (to undoubted cries of agony) that its approach to judicial review of administrative decisions implicating Charter rights, set out in Doré, is nominally still good law. But in application, the Court significantly changed Doré. It applied the typical tests developed in the context of constitutional challenges to legislation,…
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What’s Left of Freedom?
In the Trinity Western cases, the Supreme Court eviscerates religious liberty in Canada
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state
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Scandalizing!
Read Edward Willis’ and my submission on legislation that would censor criticism of the judiciary
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Remarks on Bill C-76
Freedom of expression issues in an electoral reform bill
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Is Deference Possible Here?
The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review
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It’s a Dog!
The majority’s pro-regulatory beliefs help make West Fraser a dog of a decision
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Jiggery-Pokery
The standard of review issues in the Supreme Court’s West Fraser decision
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation
Double Aspect 