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How to Get It Right on Wrongs
Ontario’s Superior Court has created a new tort. But should it have, in the circumstances? In Doe 464533, 2016 ONSC 541, a delivered a couple of weeks ago, Ontario’s Superior Court of Justice awarded substantial damages to a person whose ex-boyfriend posted an intimate video of her online, in addition to showing it to some…
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Let Them Vote
I have a new post up at the CBA National Magazine’s blog, arguing that, with one significant qualification, a private member’s bill that would lower the voting age at federal elections to 16 is a good idea and should be enacted. I have already made the case for lowering the voting age, to 16 if…
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Mémoire fragmentée/Fragmented Remembrance
A meditation on the conflict between identity politics and remembrance Today is International Holocaust Remembrance Day. In Germany, it is the Day of remembrance for the victims of National Socialism. And, as it happens, I’ve been reminded of something I wrote almost ten years ago, I think, after visiting the site of the Dachau concentration camp. It…
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Follow Instructions
School prayer is unconstitutional ― even in Alberta and Saskatchewan A couple of months ago, Benjamin Oliphant wrote, on the Policy Options blog, about a controversy over school prayer in Alberta: some schools still start their days with the Lord’s Prayer, which some parents oppose. Constitutionally, Mr. Oliphant pointed out, the matter is somewhat complicated. A…
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The Core of the Case against Electoral Reform
Why the concerns of those who want electoral reform do not move me When I wrote about the constitutionality of electoral reform, I did not want to discuss its merits, beyond saying that I did not believe it had many, or the process by which it should be determined upon, beyond saying I favoured a…
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Yes, They Can
Constitutional amendment with provincial consent is not required for electoral reform. The federal government’s pursuit of electoral reform has raised a number of questions: is reform necessary or desirable at all? If so, what new electoral system to adopt? Should the people be consulted before reform is implemented? And now, thanks to op-eds published by Michael…
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Why’d You Do This?
Giving Parliament more time on assisted suicide, the Supreme Court fails to explain itself On Friday, the Supreme Court issued its ruling on the federal government’s request for an extension of the suspension of the declaration of unconstitutionality of the Criminal Code’s provisions that have the effect of making assisted suicide unlawful in all circumstances.…
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Taking Doctrine Seriously
Some thoughts on a most interesting lecture by Justice David Stratas Last week, at the Canadian Constitution Foundation’s Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called “The Decline of Legal Doctrine.” I highly recommend it. I won’t summarize it beyond saying that Justice Stratas’…
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Acting Like Grown-Ups
Is there a point to legislating when judges can do it for us? I would like to elaborate on a point I made in my last post, which discussed arguments at the Supreme Court on Monday about whether the suspension of the declaration of unconstitutionality of the across-the-board criminalization of assisted suicide should be extended.…
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Extra Time
Assisted suicide and the trouble with giving politicians time to respond to judicial decisions This morning, the Supreme Court heard oral argument in the federal government’s application to extend the suspension of the declaration of invalidity of the Criminal Code‘s provisions that have the effect of prohibiting assisted suicide in any circumstances, which the Court granted…
Double Aspect 