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Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed.
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Sotto Voce
The Supreme Court has an inexplicable habit, especially in administrative law. Much has been written about the Court’s uneasy—to put it mildly—relationship with precedent. Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less of a hard-and-fast rule and more of an option in hard cases. But
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious
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The Metastasis of Charter Vibes…Again
**A version of this appeared in my newsletter, the Sunday Evening Administrative Review** For the two years or so that I have been doing this newsletter, the story has been a good one. Vavilov settled the law of judicial review to such a considerable extent that I found myself optimistic about the state of things. However, this
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Bonkerstown Bypass
The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future
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Montreal and Aboriginal Law
Is Montreal built on unceded Indigenous land? No, actually
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A Squalid Policy
The UK Home Secretary wants to ban homeless people’s tents
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The End of Administrative Supremacy in Canada
Introducing a new article on Canadian administrative law theory (and history)
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Grow a Thicker Skin
The bench is no place for those who can’t cope with criticism
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Listening to Podcasts Like a State
The CRTC wants to know about podcasts. Beware!
Double Aspect 