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Passing Observations
Some thoughts on writing exams, from a guy who just graded 240 of them As I’ve mentioned in previous posts, I recently graded (or, as we say in New Zealand, marked) more than 240 exam papers (or scripts). So I thought I’d volunteer some observations, in case any students who might be reading this are…
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Unhappy Camper
The shortcomings of the report into the misconduct of Justice Camp The Inquiry Committee set up by the Canadian Judicial Council to investigate whether Justice Robin Camp ― the “why didn’t keep your knees together” judge ― has “committed misconduct and placed himself, by his conduct, in a position incompatible with the due execution of…
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Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at…
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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…
Double Aspect 