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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • January 4, 2016

    How Power Corrupts IV

    Thoughts on Bryan Caplan and David Henderson’s discussion of power’s corrupting effects Longtime readers may recall my posts trying to catalogue the various ways in which political “power corrupts, and absolute power corrupts absolutely.” I have written about power’s subtle but corrosive effects on those who wield it, even once they no longer do; about the

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    Literature, Political philosophy, Power Corrupts
    constitutionalism, Lord of the Rings, morality, power, Tolkien
  • January 3, 2016

    Three Wishes

    What I would like for 2016

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    Uncategorized
    blogging, Canada
  • December 31, 2015

    See You in 2016

    With the announcement of the Clawbies’ 2015 winners, the blogging year is at an end. Paul Daly’s Administrative Law Matters is the overdue and most worthy winner of the Fodden Award for the Best Canadian Law Blog. And Double Aspect is a runner-up for the Fodden (which it won last year, to my continuing amazement). It’s

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    Uncategorized
    blogging, clawbies
  • December 20, 2015

    Silencing the Bullies

    In my last post, I wrote about the decision of the Supreme Court of Nova Scotia in Crouch v. Snell, 2015 NSSC 340, which struck down that province’s Cyber-Safety Act, a law intended “to provide safer communities by creating administrative and court processes that can be used to address and prevent cyberbullying.” Justice McDougall held that the

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    Constitutional law, New Technologies
    censorship, Charter, cyber-bullying, freedom of expression, procedure, Rule of Law
  • December 15, 2015

    Anti-Bullying Law Struck Down

    Last week, the Supreme Court of Nova Scotia struck down the province’s recently-enacted anti-cyber-bullying legislation, the Cyber-Safety Act. In Crouch v. Snell, 2015 NSSC 340, Justice McDougall holds that the Act both infringed the freedom of expression protected by s. 2(b) of the Canadian Charter of Rights and Freedoms, and made possible deprivations of liberty inconsistent with

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    Constitutional law, New Technologies
    Charter, cyber-bullying, freedom of expression, fundamental justice, procedural fairness, vagueness
  • December 13, 2015

    #Clawbies2015

    What happens in December that’s in better taste than ugly sweaters and more reliable than snow? The Clawbies, of course! They are, in case you don’t know, a “celebration of excellence in law-related blogging in Canada (and beyond).” In that celebratory spirit, here are my nominations for this year’s awards, and also some other blog recommendations.

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    Uncategorized
    blogging, clawbies
  • December 12, 2015

    Whatever

    On Thursday, the Supreme Court handed down its decision in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, an immigration law case. Paul Daly expertly discusses takes apart the majority opinion from the administrative law perspective. For my part, I will deal with the substance of the decision. While I’m not an immigration law aficionado, I do have

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    Administrative Law
    Federal Courts, immigration law, judicial review
  • December 9, 2015

    Platonic Guardians 2.0?

    The New York Times has published an essay by Eric Schmidt, the Chairman of Google, about the role of the Internet, and especially, of the exchange of ideas and information that the Internet enables, in both contributing to and addressing  the challenges the world faces. The essay is thoroughly upbeat, concluding that it is “within

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    New Technologies
    censorship, free speech, freedom of expression, Google, internet, technology
  • December 1, 2015

    Blessing Hypocrisy

    After somewhat of a hiatus, I am back to blogging for the CBA National Blog. In a post they have just published, I come back to the issue of people smuggling, on which the Supreme Court delivered two decisions last week, which I summarized here. As I have already explained here and here, I believe that the

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    Constitutional law
    blogging, open borders, people smuggling, Supreme Court of Canada
  • November 29, 2015

    The Scope of Smuggling

    On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In  B010 v. Canada (Citizenship

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    Constitutional law
    Charter, immigration law, overbreadth, people smuggling, refugees, statutory interpretation
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