statutory interpretation
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A View from South of the Border
Dunsmuir, Chevron, and what Canadians and Americans can learn from each other about judicial deference and interventionism Continue reading
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The Merits of Dunsmuir
Rightly or Wrongly Decided (Then and Today)? Continue reading
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Moving Dunsmuir past Dunsmuir
Democratic accountability for privative clauses, and its consequences for the standard of review analysis Continue reading
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The True Legacy of Dunsmuir ― Disguised Correctness Review?
Why isn’t judicial review as deferential as courts say it should be? Continue reading
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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
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Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at… Continue reading
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The Scope of Smuggling
On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In B010 v. Canada (Citizenship… Continue reading
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Twelve Banned Books Weeks
Once upon a time, I mused about whether Parliament could ban books as part of its regulation of election campaign spending. The specific question that interested me then was whether the exemption of “the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if… Continue reading
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The Uber Decision
Last week, Ontario’s Superior Court of Justice delivered a much noticed judgment rejecting Toronto’s claims that Uber could not operate there without registering and obtaining a license as a taxicab or limousine broker. Needless to say, the ruling is of great practical importance to Uber’s users, both passengers and drivers, as well as those who seek to regulate… Continue reading
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Quasi-Meaningless
In one of my very first posts, I wondered what the Supreme Court meant by describing a statute, or a common-law right, as “quasi-constitutional.” I concluded that this description probably did not mean anything substantial, and was little more than an indication that the Court considered the statute or right in question as very important. Its decision… Continue reading
Double Aspect 