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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • January 14, 2016

    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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    Political philosophy
    democracy, dignity, judicial review, legislation
  • January 11, 2016

    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…

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    Constitutional law, Constitutional Theory
    assisted suicide, Charter, judicial review, remedies, Rule of Law, Supreme Court of Canada, suspended declaration of unconstitutionality
  • January 10, 2016

    L’Uber et l’argent d’Uber

    Une poursuite contre Uber carbure à l’ignorance économique Certaines personnes qui ont eu recours aux service d’Uber la nuit du Nouvel an ont payé cher. Très cher même, dans certains cas. Car, contrairement aux taxis traditionnels dont les prix sont toujours les mêmes, Uber pratique ce que l’entreprise appelle le « prix dynamique » ― un prix…

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    Law and economics, New Technologies
    economics, market, price mechanism, Québec, Uber
  • 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
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Recent Posts

  • How Power Corrupts VI
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Recent Posts

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