statutory interpretation
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A Nod to the Pod
Introducing the experimental Double Aspect Pod Continue reading
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Post-Truth, Redux
A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading
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Alexion: No Blank Cheques Here
In Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157, the Federal Court of Appeal clarified the law of judicial review post-Vavilov (particularly as it applies to reasonableness review) and set out an important reminder: administrators are not a law unto themselves. In order to make sure that this is the case, particularly in Continue reading
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The UK Way
What a recent decision of the UK Supreme Court can teach us about courts, legislatures, and rights Continue reading
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Esprit d’Escalier
Just two years after its notorious decision in Gray’s case, the Supreme Court took a more skeptical view of the executive’s claims of broad emergency powers Continue reading
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The Politics of Law
Is law truly just a function of politics? Should it be? Continue reading
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Against Pure Pragmatism in Statutory Interpretation III: A Way Forward and Walsh (ONCA)
About a month ago, I wrote two posts attacking the concept of “pragmatism” in Canadian statutory interpretation. So my argument goes, the seminal Rizzo case, while commonly said to herald a “purposive” approach to interpretation, is actually methodologically pragmatic This is because the famous paragraph from Rizzo, which contains a list of things an interpret Continue reading
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Against Pure Pragmatism in Statutory Interpretation II: Evaluating Rizzo
Part II in a 3 part Double Aspect series Continue reading
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Against Pure Pragmatism in Statutory Interpretation I
The first post in a three-part Double Aspect series. Continue reading
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The Top Statutory Interpretation Cases of 2020
A banner year for interpretation Continue reading
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