purposivism
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Reading the Constitution of Canada
A reading list on constitutional interpretation in Canada Continue reading
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On Canadian Statutory Interpretation and Recent Trends
I have had the pleasure of reading (for the first time front-to-back) the legal interpretation classic, Reading Law by Justice Scalia and Bryan Garner. For Canadian courts struggling with how to source and use purpose when interpreting statutes, Reading Law provides valuable assistance. It does so by outlining two schools of thought on how to Continue reading
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading
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The “Return” of “Textualism” at the SCC[?]
Under the so-called “modern approach” to statutory interpretation, courts are instructed to take into account the text, context, and purpose of a statute. But perhaps because the “text, context, and purpose” recital is so commonplace, other difficult interpretive questions are masked under its patina. For example, which takes priority—text or purpose? The Supreme Court has Continue reading
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Repurposing Constitutional Construction
Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians? Continue reading
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A View from South of the Border
Dunsmuir, Chevron, and what Canadians and Americans can learn from each other about judicial deference and interventionism Continue reading
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Was Lon Fuller an Originalist?
Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation Continue reading
Double Aspect 