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
November 15, 2018

When Judicial Disagreement Doesn’t Matter

What does it mean for an appellate court’s decision to be unanimous? Continue reading

Guest Posts, The Justice System

concurrence, dissent, judging, Supreme Court of Canada, unanimity
November 13, 2018

Criticizing the Supreme Court

Why we should vigorously dissent when the occasion presents itself. Continue reading

Constitutional Theory, The Justice System

Justice Abella, Supreme Court of Canada
November 6, 2018

Delusions of Grandeur

Justice Abella sets out a vision of the Supreme Court as arbiter of national values Continue reading

Constitutional Theory, The Justice System

Charter, judges, judicial power, judicial review, Supreme Court of Canada, values
October 10, 2018

The Joke’s On Us

Canadians ought to care about who gets on the Supreme Court Continue reading

The Justice System

Canada, judges, judicial appointments, judicial power, Supreme Court of Canada