Rule of Law
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The Limits of Self-Government
Indigenous self-government cannot dispense with the Rule of Law and with democracy Continue reading
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On the Rule of Law, Blockades, and Indigenous Self-Government
Recently, Canadians have been captivated by a set of protests occurring both in British Columbia and Ontario in relation to the Coastal GasLink pipeline. The pipeline is a $6B dollar, 670 km project which runs across Northern British Columbia. In British Columbia, the hereditary chiefs of the Wet’suwet’en lead blockades across the pipeline path, even… Continue reading
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Tout nouveau, tout beau?
Ce que dit, et ce que ne dit pas, l’arrêt Vavilov, pour nos lecteurs francophones Continue reading
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Day 11: Asher Honickman
Standing on basic principles Continue reading
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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
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The Road to Serfdom at 75: Part II
Hayek’s proposals for resisting collectivism Continue reading
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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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Judges are Subject to Law, Too
Last summer, I wrote a blog post about a concerning case out of the Federal Court, Girouard v CJC. The gist of the case was the claim by the Canadian Judicial Council (CJC) that their reports, recommendations, and decisions in the course of the investigation of a judge were not subject to judicial review under… Continue reading
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R v Boudreault: Parliament’s Cross to Bear
The rule of law does not countenance the frequent use of suspended declarations. Continue reading
Double Aspect 