section 1
-
Do Not Pass Section 1: Go Directly to Invalidity
Some infringements on rights are never acceptable in a free and democratic society, including requirements to state facts one doesn’t believe in Continue reading
-
The Panglossian Peril
The dangers of naïve optimism in thinking about constitutional constraint Continue reading
-
Section 0
I wrote yesterday about the possibility that the relationship between sections 7 and 1 of the Charter might change in the wake of the Supreme Court’s assisted-suicide decision, Carter v. Canada (Attorney General), 2015 SCC 5. If I am right, however, the changes will only be relevant in a limited number of cases (albeit potentially significant ones). Continue reading
-
Seven and One
I want to come back to Carter v. Canada (Attorney General), 2015 SCC 5, the Supreme Court’s decision striking down an absolute prohibition on assisting a person to commit suicide, to comment on an aspect of the Court’s reasoning that seems, as best I can tell, to have attracted little attention. The Court found that, Continue reading
Double Aspect 