Supreme Court of Canada
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Comeau’s Lesson
It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it Continue reading
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Unmaking History
In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution Continue reading
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Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
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L’ordre et le rêve
Le contrôle judiciaire après Dunsmuir Continue reading
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Charter Rights and Charter-Lite
How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading
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RIP Reasonableness?
Does the Supreme Court’s latest administrative law decision mean it is no longer committed to deference to tribunals? Continue reading
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Doré’s Demise?
What do the Supreme Court’s latest decisions mean for judicial review of administrative decisions that implicate the Charter? Continue reading
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A Hard Case
Thoughts on the Supreme Court’s dismissal of a religious freedom claim based on Aboriginal beliefs Continue reading
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Which Principles? What Politicization?
A response to Maxime St-Hilaire’s appeal to principle over politics at the Supreme Court of Canada Continue reading
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The Originalist Papers
Benjamin Oliphant’s and my articles on originalism in Canada are officially out Continue reading
Double Aspect 