notwithstanding clause
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law 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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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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Can an agency choose not to enforce Bill 21?
Last week, the English Montreal School Board [EMSB] announced that it is refusing to to implement Bill 21, introduced by the Quebec government. The law would ban workers in the public sphere in positions of authority from wearing “religious symbols” while at work. The government, apparently cognizant of the challenges this could raise under the Continue reading
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Is Québec’s Dress Code Unconstitutional?
There is a serious argument to be made that Québec’s ban on religious symbols infringes the federal division of powers Continue reading
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Vancouver Event Next Week
Announcing another talk Continue reading
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Upcoming Canadian Talks
Events at Calgary, McGill, and Queen’s Continue reading
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The Dead Intent of the Framers
The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How Continue reading
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Toronto v Ontario: A Remedy Seeking a Right
Constitutional politics and the notwithstanding clause Continue reading
Double Aspect 