standard of review

February 12, 2018

Si l’histoire de la norme m’était contée

Évolution et circonvolutions du principe de déférence au Canada Continue reading

Administrative Law, The Dunsmuir Decade

deference, Dunsmuir, standard of review
December 19, 2017

Squaring the Public Law Circle

Canadian administrative lawyers keep trying to reconcile parliamentary sovereignty and the Rule of Law; they shouldn’t bother Continue reading

Administrative Law, Constitutional law, Constitutional Theory

accountability, deference, democracy, Parliamentary sovereignty, Rule of Law, standard of review, statutory interpretation
March 19, 2015

Splitting a Baby

There came a Catholic school and a minister of education unto the Supreme Court, and stood before it. And the school said, “Oh my Lords and my Ladies, I am a private Catholic school, and am delivered of a programme for teaching a class on Ethics and Religious Culture through the prism of my Catholic faith.… Continue reading

Administrative Law, Constitutional law, Law and Religion

Charter, Québec, religion, religious exemptions, standard of review
January 11, 2015

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

Administrative Law, Criminal Law/Policy

deference, reasonableness, retroactivity, Rule of Law, standard of review

standard of review

Si l’histoire de la norme m’était contée

Squaring the Public Law Circle

Splitting a Baby

A Heap of Trouble