constitutional interpretation
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The Originalist Papers
Benjamin Oliphant’s and my articles on originalism in Canada are officially out Continue reading
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An Invitation
Can those who endorse “living tree” constitutional interpretation tell us why, and what it entails? Continue reading
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Arguing against Originalism Badly
Noura Karazivan’s flawed argument against using originalism to understand constitutional structure Continue reading
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Why I am Not a Conservative Either
Thoughts on Chief Justice Joyal’s very interesting speech on the Charter and Canada’s political culture Continue reading
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Dirty Word or Dirty Little Secret?
My talk on originalism at the Université de Montréal Continue reading
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A Pile of Problems
A critique of Steven Penney’s take on the Supreme Court’s distinction between criminal and administrative penalties Continue reading
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Keeping Time, Time, Time
The Supreme Court changes the meaning of the right to be tried within a reasonable time A couple of weeks ago, the Supreme Court issued a very important, and fairly radical, decision on the “right … to be tried within a reasonable time,” which paragraph 11(b) of the Canadian Charter of Rights and Freedoms grants to “any Continue reading
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How To Do Constitutional Adjudication
Some thoughts on Asher Honickman’s take on the judicial role As I mentioned in my previous post, I would like to respond to a number of points that Asher Honickman makes in a very interesting ― albeit, in my view, misguided ― essay written for CBA Alberta’s Law Matters and published at the website of Continue reading
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Seven’s Sins?
A response to Asher Honickman’s take on the section 7 of the Charter In a very interesting essay written for CBA Alberta’s Law Matters and published at the website of Advocates for the Rule of Law, Asher Honickman discusses the role of the judiciary in constitutional cases, focusing on section 7 of the Canadian Charter of Continue reading
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A Third View on Legislating Two Languages at the SCC
In the last number of days, Professor Grammond and incoming AUT Law School lecturer (and my very generous blogging host) Léonid Sirota have posted thoughtful analyses of whether Parliament can legislate a requirement that judges of the Supreme Court understand French and English without the assistance of translation. Grammond argues yes; Sirota says no. The Continue reading
Double Aspect 