separation of powers

October 31, 2023

The End of Administrative Supremacy in Canada

Introducing a new article on Canadian administrative law theory (and history) Continue reading

Administrative Law

administrative state, administrative supremacy, Canada, democracy, Rule of Law, separation of powers
August 17, 2023

Can Do Better

An interesting, but seriously flawed, decision on the separation of powers Continue reading

Administrative Law, Constitutional law

discretion, legislation, separation of powers, standard of review
August 6, 2021

Post-Truth, Redux

A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading

Administrative Law

administrative state, deference, judicial review, separation of powers, statutory interpretation, Vavilov
May 4, 2020

Against Administrative Supremacy

A response to the “Guest Posts from the West Coast” Series Continue reading

Administrative Law, Constitutional Theory

administrative state, deference, democracy, Rule of Law, separation of powers
February 12, 2020

Making a Monster

A report on the future regulation of the internet proposes giving the CRTC overwhelming and unaccountable powers Continue reading

Administrative Law, New Technologies

agency design, Canada, CRTC, Hamburger, internet, regulation, separation of powers
May 10, 2019

No Way to Make Law

The legislative process is being disgracefully abused in Ontario. Constitutional lawyers need to pay attention. Continue reading

Constitutional law

legislation, legislative procedure, Ontario, politics, separation of powers
April 18, 2019

Why Governments Are Not Angels

The SNC-Lavalin affair reveals serious challenges to the functioning of all three branches of the Canadian government Continue reading

Administrative Law, Constitutional Theory, Political philosophy

executive power, judges, Parliament, politics, separation of powers, SNC-Lavalin
October 18, 2018

Dealing with Delegation

Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive Continue reading

Administrative Law, Constitutional law

constitutional interpretation, delegation, judicial power, Parliament, separation of powers
December 17, 2014

Judge Kopf on Mandatory Minimums

At his blog Hercules and the Umpire, Richard G. Kopf, a judge on the U.S. District Court for the District of Nebraska, has a fascinating post on mandatory minimum sentences, which I would urge anyone who has been following the Canadian debate about them to read. (Indeed, this is the rare occasion on which you should Continue reading

Criminal Law/Policy

judicial independence, mandatory minimum, sentencing, separation of powers, tough on crime
December 4, 2014

A Standing Invitation

Today the Québec Court of Appeal dismissed the federal government’s appeal from the Superior Court’s decision in Barreau du Québec c. Canada (Procureur général), 2014 QCCS 1863, which granted the Québec Bar public interest standing to challenge the constitutionality of the mandatory minimum sentences ― all 94 of them ― introduced by the so-called Safe Streets Continue reading

Constitutional law, Criminal Law/Policy

bar, judicial independence, judicial review, mandatory minimum, sentencing, separation of powers, standing, tough on crime