Supreme Court of Canada
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Power and Governance
Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not Continue reading
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Way to Power
Setting the scene for understanding the Supreme Court’s decision allowing damages as a remedy for legislative violations of the Charter Continue reading
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¿Por qué no se calla?
The Chief Justice’s annual press conference is unseemly and inappropriate Continue reading
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious Continue reading
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Values, Harm, and Free Expression
Reviewing and discussing Camden Hutchison’s great article on the SCC’s freedom of expression jurisprudence Continue reading
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Justice Brown Was Not Purged
Concerns about the Supreme Court’s image are a more likely reason for Brown J’s departure than ideology Continue reading
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The Metastasis of Charter Vibes
The rigamarole around the notwithstanding clause this week has me thinking about the reach of the Charter, and in particular, a case that will be heard by the SCC early next year: A.B. v Northwest Territories. While there are other issues in the case, at its heart is a stark proposition: is it required for… Continue reading
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Nothing Doing
Why I’m not moved by the responses to my criticism of O’Bonsawin J’s appointment to the Supreme Court Continue reading
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A Little Representation
Justice O’Bonsawin is not qualified to be a Supreme Court judge Continue reading
Double Aspect 