original intent
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Let Us Reason Together
A call for dialogue on constitutional interpretation, free from anti-originalist myths Continue reading
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The Comprehension of “Composition”
Parliament cannot require Supreme Court judges to be bilingual Sébastien Grammond has published a guest-post over at Administrative Law Matters arguing that Parliament could legislate to prohibit the appointment of Supreme Court judges who are not bilingual. It is a bold and interesting argument, and I greatly admire prof. Grammond as a thinker and advocate. Nonetheless, Continue reading
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How to do Originalism
In my last post, I summarized the Supreme Court’s recent decision in Caron v. Alberta, 2015 SCC 56, which held that Alberta is not under a constitutional obligation to enact legislation in French as well as English. There was, you will recall, a majority opinion by Justices Cromwell and Karakatsanis, who were joined by four of Continue reading
Double Aspect 