Charter
-
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 Continue reading
-
Bonkerstown Bypass
The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future Continue reading
-
The Made-Up Law Made Them Do It
The Supreme Court’s made-up right to vote doctrine works its mischief at the Ontario Court of Appeal Continue reading
-
The Metastasis of Charter Vibes
The rigamarole around the notwithstanding clause this week has me thinking about the reach of the Charter, and in particular, a case that will be heard by the SCC early next year: A.B. v Northwest Territories. While there are other issues in the case, at its heart is a stark proposition: is it required for Continue reading
-
Undignified
The Supreme Court holds that life imprisonment without parole is unconstitutional. Its reasons are unconvincing. Continue reading
-
Not as Advertised
Legislative debates leading to Saskatchewan’s use of the notwithstanding clause show little interest in constitutional rights Continue reading
-
The Law of Bonkerstown
Does the constitution mandate the soft bigotry of low expectations? Continue reading
-
Don’t Make Idiots into Martyrs
The Double Aspect view on why an Alberta judge was wrong to order that pandemic deniers promote the expert consensus Continue reading
-
Correct, but Wrong
Thoughts on the Supreme Court’s dismissal of the challenge to Ontario’s interference in the Toronto municipal elections Continue reading
-
What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles Continue reading
Double Aspect 