Charter
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I Said Don’t Do It
The federal government is wrong to involve Québec in the process of appointing the next Supreme Court judge Continue reading
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Devaluing Section 33
What happens to “Charter values” when a statute invokes the “notwithstanding clause”―and what this might mean for Québec’s Bill 21 Continue reading
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Nothing to Celebrate
Québec’s irreligious dress code proposal isn’t an opportunity to extol democracy, or to do away with judicial review of legislation Continue reading
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Can an agency choose not to enforce Bill 21?
Last week, the English Montreal School Board [EMSB] announced that it is refusing to to implement Bill 21, introduced by the Quebec government. The law would ban workers in the public sphere in positions of authority from wearing “religious symbols” while at work. The government, apparently cognizant of the challenges this could raise under the Continue reading
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Is Québec’s Dress Code Unconstitutional?
There is a serious argument to be made that Québec’s ban on religious symbols infringes the federal division of powers Continue reading
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Lessening Us: The Supreme Court and SNC-Lavalin
The SNC-Lavalin episode gets worse, if that is possible. Continue reading
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Does the Constitution Mean Anything?
In defence of textualism in constitutional interpretation Continue reading
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Climb Out!
The Québec Court of Appeal errs in holding that corporations are protected against cruel and unusual punishment Continue reading
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Textual Judicial Supremacy
The Canadian constitution’s text makes it clear that judges must have the last word on its interpretation Continue reading
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Look, Look, over There!
What role should comparative law play in constitutional adjudication in Canada? Continue reading
Double Aspect 