Charter
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Unholy Trinity
Introducing a new article that makes the case against judicial deference to administrative applications of constitutional law Continue reading
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Bill 21 and the Search for True Religious Neutrality
The saga of Quebec’s Bill 21, An Act respecting the laicity of the State, trudges on. In December, the Quebec Court of Appeal upheld a Superior Court decision declining to suspend certain parts of the law – which prohibits front-line public employees from displaying overt religious symbols while on duty – until a full application Continue reading
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law. Continue reading
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Day Eight: Anna Su
University of Toronto There are many reasons for judges (especially at the highest court) to write separate dissenting opinions. The first, in my view, is that it sets forth clear positions on the major legal issues of the day, ready to be taken on anew in a future judgment. In that sense, it is the Continue reading
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Day Seven: Howard Kislowicz
The Disagreement is the Law Continue reading
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Day Six: Carissima Mathen
It was a formidable challenge to select only three Supreme Court dissents. To make the choice more manageable, I decided to stick to Charter case law, and to focus on opinions that I personally found persuasive. That left out a number of notable opinions, such as William McIntyre’s uncompromising yet necessary challenges to his colleagues Continue reading
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Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.” Continue reading
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Shooting Gallery
A proposed invocation of the Charter’s “notwithstanding clause” in New Brunswick is misguided and disturbing Continue reading
Double Aspect 