judicial review
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Virtual Insanity: AI and Judicial Review
I am far from an expert on the growing trend in law and life towards “algorithmic justice,” or decision-making by machines. But a report released by the Law Foundation of New Zealand and the University of Otago got me thinking about the use of neural networks, predictive modelling, and other forms of algorithmic learning in Continue reading
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Concurring Opinion
Does the Charter’s “notwithstanding clause” exclude judicial review of legislation? Not quite! 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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The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference. 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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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights? Continue reading
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Judicial Supremacy, Again
Another attack on judicial supremacy misses the mark Continue reading
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A Perspective from the North
A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law Continue reading
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Justice Beetz’s Unity of Public Law
What an old SCC case tells us about the unity of public law Continue reading
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Sentencing Judgment Found Inside a Chinese Fortune Cookie
The sentencing judgment in the Québec City mosque shooter’s case is badly flawed Continue reading
Double Aspect 