justiciability
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(Pro)Rogue-ish
The Federal Court dismisses the challenge to the prorogation of Parliament Continue reading
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A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
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Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed. Continue reading
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Activism v Constitution
The federal court rightly holds that the judiciary cannot control Canada’s climate policy Continue reading
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A Bad Case
As promised, here are some thoughts on the Memorandum of Fact and Law that the federal government’s lawyers have filed in response to Aniz Alani’s challenge of the Prime Minister’s policy of not appointing Senators. (I had previously canvassed what I thought ― mostly, but not entirely, correctly ― would be the main issues in Continue reading
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Let’s Hear It
I’ve mentioned Aniz Alani’s challenge to the constitutionality of the Prime Minister’s apparent and admitted policy of not making any Senate appointments before. The federal government moved to strike Mr. Alani’s application for judicial review, arguing that it had no chance of success, and also that the Federal Court had no jurisdiction to hear it. Yesterday, that Continue reading
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Please Advise
The Prime Minister is apparently refusing to have any new Senators appointed, until, well, who knows (though one may suspect that it is until the next election. The leader of the official opposition has already declared that he would never appoint any Senators ever. And, as I noted in my first post on this subject, Continue reading
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Challenging Succession, Round 2
Yesterday, in Teskey v. Canada (Attorney General), 2014 ONCA 612, the Court of Appeal for Ontario rejected a Charter challenge to the Succession to the Throne Act, 2013, a law that purports to “assent[] to” the changes to the rules of royal succession laid out in a British bill (and agreed to by the heads Continue reading
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Not So Great Expectations
Whatever his other merits and demerits, Conrad Black has made some noticeable contributions to the development of the law of justiciability in Canada. The latest came this week, in the form of a judgment of the Federal Court of Canada, in Black v. Advisory Council for the Order of Canada, 2012 FC 1234. The first Continue reading
Double Aspect 