standing

December 2, 2025

Voldemortion

No, the Quebec Constitution won’t undermine abortion rights — for all the bad that it will in fact do Continue reading

Constitutional law

abortion, Quebec, rights, standing
July 21, 2025

Motte and Bailey Unreasonableness

There is much to learn from a recent English decision on police impartiality Continue reading

Administrative Law

deference, judicial review, neutrality, reasonableness, standing, United Kingdom
October 25, 2022

Standing Isn’t Free

On the importance of thinking about costs, as well as benefits, of judicial review of administrative action Continue reading

Administrative Law, Law and economics

cost-benefit analysis, judicial review, proportionality, public interest litigation, standing, UK
September 23, 2015

A Bad Case

As promised, here are some thoughts on the Memorandum of Fact and Law that the federal government’s lawyers have filed in response to Aniz Alani’s challenge of the Prime Minister’s policy of not appointing Senators. (I had previously canvassed what I thought ― mostly, but not entirely, correctly ― would be the main issues in Continue reading

Constitutional law

Canada, conventions, Federal Courts, justiciability, Senate reform, standing
July 13, 2015

Adequate Alternatives

Last week, the Supreme Court issued an interesting decision which, although apparently only concerned with judicial review (of the administrative law sort) and the respective jurisdiction of the Federal and superior courts, also tells us something about the role of the courts more generally. The case, Strickland v. Canada (Attorney General), 2015 SCC 37, was an Continue reading

Administrative Law, The Justice System

child support, Federal Courts, judicial review, public interest litigation, standing
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
November 14, 2014

Bar This Claim

A couple of recent cases that the Québec Court of Appeal should consider in deciding whether to let the Barreau’s challenge to mandatory minimums go forward. Continue reading

Constitutional law, Criminal Law/Policy

Charter, judicial review, mandatory minimum, separation of powers, standing, tough on crime
June 18, 2014

Up We Go

Just a quick post to note that Justice Pierre Dalphond of the Québec Court of Appeal has granted the federal government’s application for leave to appeal the Superior Court’s decision granting the Québec Bar standing to challenge, wholesale, the mandatory minimum sentencing provisions enacted by Parliament as part of an omnibus criminal law statute, the Safe Continue reading

Constitutional law, Criminal Law/Policy, The Justice System

bar, mandatory minimum, standing, tough on crime
May 19, 2014

Open Bar

First of all, apologies for my silence. I’m afraid I will not blog much this week either, but I should resume normal schedule next week. I am able to write today, however, and want to discuss the decision of Québec’s Superior Court on a challenge to the standing of the Québec Bar to attack the Continue reading

Constitutional law, Criminal Law/Policy, The Justice System

bar, judicial independence, judicial review, mandatory minimum, sentencing, standing, tough on crime
November 27, 2012

A Bar Brawl

The Québec Bar has launched a constitutional challenge against a substantial part of the Conservative government’s “tough-on-crime” agenda, Radio-Canada reports. In an application filed in Québec’s Superior Court, it contends that every provision of the the omnibus criminal law bill, C-10, enacted by Parliament this year as the Safe Streets and Communities Act, S.C. 2012 c. 1, Continue reading

Constitutional law, Constitutional Theory, Criminal Law/Policy, The Justice System

bar, criminal law, judicial review, punishment, sentencing, standing, tough on crime