Rule of Law
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Why Codify
Apologies for my silence of late. I’m afraid blogging will be light for another week or so. In the meantime, however, here’s something related to the topic of my last post, the codification of law. It won’t be news to those versed in the history of Québec law, but it’s something that I, in my ignorance,… Continue reading
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Making Sense of Constitutional Crises
Not surprisingly, my suggestion that the Governor General dismiss Stephen Harper as Prime Minister for his (Mr. Harper’s, that is) unconstitutional policy of not appointing Senators turned out to not to be any more popular than my earlier suggestion that the Governor General just appoint Senators on his own, without the Prime Minister’s blessing. That idea was… Continue reading
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The Uber Decision
Last week, Ontario’s Superior Court of Justice delivered a much noticed judgment rejecting Toronto’s claims that Uber could not operate there without registering and obtaining a license as a taxicab or limousine broker. Needless to say, the ruling is of great practical importance to Uber’s users, both passengers and drivers, as well as those who seek to regulate… Continue reading
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Un gâchis
La ministre de la justice du Québec, Stéphanie Vallée, a déposée à l’Assemblée nationale le Projet de loi 59 qui va ajouter une interdiction de « discours haineux » à la Charte des droits et libertés de la personne (alias la Charte québécoise) et aussi, entre autres, astreindre les écoles et les CÉGEPs à protéger… Continue reading
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Help Us. Or Maybe Don’t?
Here’s another point that I found interesting in the Supreme Court’s decision in R. v. Tatton, 2015 SCC 33. (I wrote about Justice Moldaver’s comment regarding mandatory minimum sentences yesterday.) The issue in Tatton was whether self-induced intoxication could be invoked as a defence to a charge of arson ― but Justice Moldaver, writing for the… Continue reading
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Expecting Too Much?
I have recently responded here, in some detail, to Andrew Coyne’s article claiming, in essence, that some of the Supreme Court’s recent decisions were not mere wrong, but altogether unreasonable, and therefore “activist.” Over the Policy Options blog, I briefly take on Gordon’s Gibson’s attack on the Supreme Court’s alleged activism, which I think is… Continue reading
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A Heap of Trouble
It’s just one decision, and in all likelihood a legally correct one at that ― and yet, precisely because it is likely correct, it illustrates any number of things that are wrong in Canadian law: Thibault c. Da Costa, 2014 QCCA 2437. The case arose out of disciplinary proceedings instituted by the syndic of the… Continue reading
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Unintended Consequences?
When I commented on the oral arguments in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case, I argued that although there was a good deal of support among the various parties and interveners for the proposition that it was section 96 of the Constitution Act, 1867,… Continue reading
Double Aspect 