statutory interpretation
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It’s Happening Here Too
Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights Continue reading
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“Clear Enough”
Some thoughts on statutory interpretation. Continue reading
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Abellian “Law”
It is with an utter lack of surprise that I yet again fill the virtual pages of Double Aspect with thoughts on another of Justice Abella’s comments on the nature of judging. Both Leonid and I have continuously written about how Justice Abella frequently displays a judicial arrogance that is inconsistent with the role of… Continue reading
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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights? Continue reading
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The “Return” of “Textualism” at the SCC[?]
Under the so-called “modern approach” to statutory interpretation, courts are instructed to take into account the text, context, and purpose of a statute. But perhaps because the “text, context, and purpose” recital is so commonplace, other difficult interpretive questions are masked under its patina. For example, which takes priority—text or purpose? The Supreme Court has… Continue reading
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A Perspective from the North
A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law Continue reading
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Romancing the Law
An ode to formalism and reflections on Runnymede’s Law and Freedom Conference Continue reading
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Statutory Interpretation in Admin Law and the Supreme Court’s Trilogy
Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a… Continue reading
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It’s a Dog!
The majority’s pro-regulatory beliefs help make West Fraser a dog of a decision Continue reading
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Looking past Dunsmuir: Beginning Afresh
Imagining stable and generally acceptable administrative law doctrine Continue reading
Double Aspect 