Charter
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Common Power Grabs
A defence of Ontario’s use of the notwithstanding clause as “common good constitutionalism” is the same old tripe, under a new sauce Continue reading
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Still Wrong, Just a Little Less So
The Québec Court of Appeal errs in thinking the Charter prevents the imposition of, in effect, life imprisonment without parole Continue reading
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Still Keeping It Complicated
The Supreme Court tries to bring more rigour to constitutional interpretation and takes a step towards textualism, but won’t admit it Continue reading
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You Read It Here First
The Supreme Court holds that the Charter does not protect corporations against cruel and unusual punishment Continue reading
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Activism v Constitution
The federal court rightly holds that the judiciary cannot control Canada’s climate policy Continue reading
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Just Asking
Should the power over criminal law be transferred to the provinces? Continue reading
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Unstuck
Ontario’s Superior Court strikes down the anti-carbon tax-sticker law, but still doesn’t get freedom of expression Continue reading
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Throwing Away the Key
Thoughts on life imprisonment without parole, in New Zealand and in Canada Continue reading
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Unusual Indeed
The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading
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Counter-Rebellion
Judges of the Alberta Court of Appeal question the Supreme Court’s jurisprudence on mandatory minimum sentences Continue reading
Double Aspect 