Doré
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh? Continue reading
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious Continue reading
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Bonkerstown Bypass
The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future Continue reading
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The Law of Bonkerstown
Does the constitution mandate the soft bigotry of low expectations? Continue reading
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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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Doré Revisited: A Response to Professor Daly
Over on Administrative Law Matters, Professor Paul Daly argues that Doré actually “emerges strengthened” from Vavilov. Professor Daly’s post responds to my own paper (The Conceptual Gap Between Doré and Vavilov) and post, where I argue the opposite. In this post, I would like to respond critically to Professor Daly’s interesting and provocative arguments. I Continue reading
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New Paper on Doré and Vavilov
Frequent readers of this blog will know that I have written here on the subject of the propriety of Doré post-Vavilov. As many of you know, I do not believe that Doré can stand in light of Vavilov. I have now outlined more extensively why that is is, in a paper that will appear in Continue reading
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UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the Continue reading
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CBC v Ferrier, 2019 ONCA 1025: Considering Consideration of the Charter
Part II of a two-part series on Doré. Continue reading
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After Vavilov, Doré is Under Stress
Part I of a two-part series on Doré Continue reading
Double Aspect 