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Where Is the Grass Greener?
In a recent article in Constitutional Forum, Peter Russell argues that Canada needs to imitate New Zealand by creating a Cabinet Manual that would, notably, contain an authoritative although not legally binding statement of the principal constitutional conventions, especially those that regulate the formation of governments. While this would, in prof. Russell’s view, have a…
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Privilège parlementaire: une jurisprudence à récrire
Note. Le présent billet a d’abord paru sur À qui de droit, le blogue de la Faculté de droit de l’Université de Sherbrooke, le 19 novembre dernier. Je remercie Léonid Sirota de contribuer à sa plus grande diffusion en m’autorisant à le republier sur son excellent blogue. Je dévoile aussi le fait que j’agis, en tant que…
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St-Hilaire on Parliamentary Privilege
I have been completely snowed under, despite the coming Southern hemisphere summer ― or perhaps because of it, since coming summer means end of the semester, and end of the semester means exams to grade (or to mark, as we say around here). 243 exam papers (or scripts, in Kiwi), to be precise, in my…
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Sub Lege
I often criticize judges, on this blog and elsewhere. I think it is very important that people who exercise power over citizens be subject to criticism whenever they exercise it unwisely or, worse, recklessly, and still more when they abuse or overstep the powers given them. While the media can, more or less, be counted…
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“Intolerant and Illiberal”
The BC Court of Appeal is right to insist on tolerance for an intolerant institution
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Selfie Slow-Down
I have already blogged about one American judicial decision on the constitutionality of a “ballot selfie” ban, which has since been upheld on appeal by the Court of Appeals for the 1st Circuit. And I have also written about the history of the secret ballot, which in my view explains why measures to protect ballot secrecy ―…
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More of the Same
Yet another “tough on crime” attempt to deny judges discretion about to be struck down Last week, the Alberta Court of Queen’s Bench issued yet another in a long series of constitutional reverses for the previous federal government’s “tough on crime” agenda, holding in R v Ndhlovu, 2016 ABQB 595 that legislative amendments that rendered the making of…
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How Judge Posner Thinks
Some thoughts on a recent book about Richard Posner I have recently finished reading William Domnarski’s book on Richard Posner ― for reasons that will become apparent, I hesitate to describe it as a biography ― and want to share some thoughts on it. Be warned though: I am something of a Posner fanboy, and…
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The Real Problem of Judicial Arrogance
What judicial arrogance is, and is not Alice Woolley has published a much discussed post over at Slaw, describing and decrying what she regards as “the problem of judicial arrogance”, and also the way in which lawyers and, presumably, legal academics enable this arrogance. Having been quite critical of the ways in which judges regard and…
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A Judge Unbound
The Prime Minister has at last named his choice to fill the vacancy left on the Supreme Court by the retirement of Justice Thomas Cromwell. It is Justice Malcolm Rowe, now at the Newfoundland and Labrador Court of Appeal. For all the concern ― of the Prime Minister’s and his government’s own making ― about whether…
Double Aspect 