Rule of Law
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The Core of It: Quebec Reference and Section 96
At the end of June, the Supreme Court of Canada released its decision in the Court of Quebec case (what I call, unoriginally, the Quebec Reference). The main question in the case: does art. 35 of the Code of Civil Procedure, which grants the Court of Quebec exclusive jurisdiction over all civil disputes up to… Continue reading
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The Politics of Law
Is law truly just a function of politics? Should it be? Continue reading
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Overcoming Justice Abella’s Admin Law Legacy
On the occasion of her retirement, what can we learn from Justice Abella’s administrative law generation? Continue reading
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Ontario’s COVID-19 Discretion Tragedy
Ontarians watched with a mix of horror and confusion on Friday as Premier Ford and medical officials announced what could only be described as drastic measures to, apparently, curb the spread of COVID-19 and its related variants. While the government has flip flopped on these measures since, and it is unclear if further changes are… Continue reading
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Interpretation and the Value of Law
Why the interpretation of law must strive for objectivity, not pre-determined outcomes Continue reading
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Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis Continue reading
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A Citizen’s Guide to the Rule of Law
Introducing a chapter on the nature and importance of the Rule of Law Continue reading
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Through Which Glass, Darkly?
Introducing a new article on the Rule of Law in two decisions of the supreme courts of Canada and the United Kingdom Continue reading
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Against Administrative Supremacy
A response to the “Guest Posts from the West Coast” Series Continue reading
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Inter vira enim loquuntur leges
The pandemic and delegation of power to the executive Continue reading
Double Aspect 