delegation
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Esprit d’Escalier
Just two years after its notorious decision in Gray’s case, the Supreme Court took a more skeptical view of the executive’s claims of broad emergency powers Continue reading
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Bill C-10 and the CRTC Debacle
Does it get much worse? Continue reading
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Inter vira enim loquuntur leges
The pandemic and delegation of power to the executive Continue reading
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Unconstitutional and Unconstitutional
Why delegating plenary taxing powers to the executive is wrong as a matter of constitutional principle and constitutional law Continue reading
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Stupid. But Constitutional.
The Globe and Mail reports that the government is seeking to introduce wideranging methods to permit the Cabinet to raise revenue. However, this report has now evolved, and the proposed measures have been walked back. But the original Globe article said: One section of the bill grants cabinet the power to change taxation levels through Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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Our Government
Some implications from Jody Wilson-Raybould’s testimony Continue reading
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Dealing with Delegation
Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive Continue reading
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It’s a Dog!
The majority’s pro-regulatory beliefs help make West Fraser a dog of a decision Continue reading
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading
Double Aspect 