Supreme Court of Canada

December 20, 2019

Not Good Enough

The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading

Administrative Law, Constitutional law

deference, judicial review, reasonableness, Rule of Law, standard of review, statutory interpretation, Supreme Court of Canada
August 8, 2019

Guest Post: Andrew Bernstein

A response to Mark Mancini’s post on Supreme Court appointments Continue reading

Constitutional law, Constitutional Theory, The Justice System

judicial appointments, Supreme Court of Canada
August 6, 2019

An Empty Vessel

Thoughts on the Justice Kasirer appointment process Continue reading

Constitutional law, Constitutional Theory, The Justice System

judges, nomination, Supreme Court of Canada
July 29, 2019

Keeping It Complicated

The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading

Constitutional law

Charter, constitutional interpretation, military justice, originalism, purposivism, Supreme Court of Canada
July 2, 2019

The Five-Judge Myth

How many Supreme Court judges does it take to decide a civil law appeal? Continue reading

The Justice System

civil law, judges, Québec, Supreme Court of Canada
June 3, 2019

Two-Headed Judges

By Peter McCormick If several judges on the Supreme Court of Canada suddenly sprouted two heads in their annual official photo, we would certainly take notice and would be looking for an explanation. But something similar has actually taken place in Supreme Court decisions without attracting either focused attention or a search for the reason why. More Continue reading

Guest Posts, The Justice System

co-authorship, judges, judging, Supreme Court of Canada
May 16, 2019

I Said Don’t Do It

The federal government is wrong to involve Québec in the process of appointing the next Supreme Court judge Continue reading

Constitutional law, Federalism, The Justice System

Canada, Charte de la honte, Charter, judicial appointments, Québec, Supreme Court of Canada
January 10, 2019

The Canadian Legal Mandarinate

Why we ran the 12 Days of Christmas symposium Continue reading

Administrative Law, Constitutional Theory, Uncategorized

judges, judicial power, Supreme Court of Canada
December 23, 2018

Double Aspect’s Twelve Days of Christmas

Announcing a riotous blogging symposium for the festive season Continue reading

Administrative Law, Constitutional law, Criminal Law/Policy

blogging, Supreme Court of Canada
November 22, 2018

The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law

Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point. Continue reading

Administrative Law, Legal philosophy

Administrative Law, incentives, judicial review, reasons, Supreme Court of Canada