Supreme Court of Canada
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Trinity Western, Dissected
The video of a discussion of the Supreme Court’s decision, held at the Centre for Constitutional Studies Continue reading
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Quis Custodiet?
If judges are the guardians of our constitutional values, they need to be guarded too, as Chief Justice McLachlin’s example shows Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;… Continue reading
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The Limits of Legal Expertise
What kind of experts are legal experts ― and is their authority in danger? Continue reading
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What’s Left of Freedom?
In the Trinity Western cases, the Supreme Court eviscerates religious liberty in Canada Continue reading
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state Continue reading
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Is Deference Possible Here?
The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading
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Setting the Story Straight
History, Originalism, and the Supreme Court’s decision in Comeau Continue reading
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La Cour, c’est qui?
Peter McCormick identifies the likely author of the “by the Court” opinion in Comeau Continue reading
Double Aspect 