Charter
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Still First Past the Post
The Court of Appeal for Ontario upholds the constitutionality of Canada’s election system Continue reading
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On Staying in One’s Lane
A response to critics of alleged judicial overreach in the face of legislative and governmental arbitrariness Continue reading
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The Bike Lanes and the Clown Cars
In defence of the controversial decision holding that demolishing bike lanes in Toronto is unconstitutional Continue reading
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Property Rights and Freedoms
Why property rights are necessary if freedoms of religion, expression, and association are to mean something Continue reading
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Power and Privilege
Parliamentary privilege in the Supreme Court’s decision on the availability of Charter damages for unconstitutional legislation Continue reading
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Power and Governance
Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not Continue reading
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Way to Power
Setting the scene for understanding the Supreme Court’s decision allowing damages as a remedy for legislative violations of the Charter Continue reading
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh? Continue reading
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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 Continue reading
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious Continue reading
Double Aspect 