liberty
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Day Two: Kerri A. Froc
The Power of Saying No Continue reading
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Misplaced Zeal
The Law Society of Ontario’s “Statement of Principles” cannot be defended as advocacy for the Law Society Continue reading
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Uber and Civil Disobedience
I have a new post over at the National Magazine’s Blog, arguing that to the extent that Uber and other firms of the sharing economy breach the laws that prevent them from offering their services to the public, we should assess their claims that such laws are unjust on their merits, instead of rejecting them Continue reading
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Frustrating
I am quite late on this, but I have only recently come across a post by Grégoire Webber on the UK Constitutional Law blog, arguing that the Supreme Court’s reasoning in Canada (Attorney General) v. Bedford, 2013 SCC 72, the decision striking down various prostitution-related provisions of the Criminal Code is based on flawed inferences from the fact that these provisions did not Continue reading
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You Don’t Have Two Cows
The laws of Ontario prohibit the sale or “distribution” of unpasteurized milk or products (like cheese) made from unpasteurized milk. Such milk can contain microbes and cause the people who drink it or eat products made from it to become ill. But some people are prepared to take the risk. They even claim, although without Continue reading
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Égalité, Liberté?
As I was thinking about the application of the liberty interest protected by s. 7 of the Canadian Charter of Rights and Freedoms to the family/marriage context, which I have written about here and here, a question occurred to me: why wasn’t it invoked to argue for the unconstitutionality of denying same-sex couple the opportunity to Continue reading
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Vies Communes
Il y a quelques jours, je parlais des promesses que l’État peut ou ne peut pas exiger de gens à l’occasion de leur mariage. Cependant, dans les faits, les provinces de common law n’exigent pas que les gens qui se marient civilement promettent quoi que ce soit au sujet de leur vie future. Le Québec, Continue reading
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A Belated Happy Birthday to the Charter
I wasn’t able to post yesterday, but still want to say something good on the Charter‘s anniversary. My doubts and worries notwithstanding, I believe that the Charter has done Canada a lot of good. With Lord Acton, I believe that “[l]iberty is not the means to a higher political end. It is itself the highest Continue reading
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A Charter Right to Bear Arms?
My friend Michael Cust makes an interesting suggestion in a blog post asking whether there is a right to bear arms in Canada: while there is no self-standing right to bear arms, “a case could be made that it’s part of our right to liberty” protected by section 7 of the Charter, because history suggests Continue reading
Double Aspect 