constitutional interpretation
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R v Poulin: Charter Interpretation in the Spotlight
Introduction Section 11 (i) of the Charter guarantees the right to offenders “if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” Ambiguity ripples through this provision. Most notably, does the provision Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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What Do You Want?
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided Continue reading
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In the Beginning
Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter Continue reading
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading
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The Empty Canard of the Living Tree “Doctrine”
In 1989, Justice Scalia gave a speech entitled “Assorted Canards of Contemporary Legal Analysis.” These “canards,” are “certain oft-repeated statements…” that, while having “little actual impact upon the decision of the case” are “part of its atmospherics, or of its overarching philosophy…” Justice Scalia gave the example of the old adage that “remedial statutes should 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 