Supreme Court of Canada
-
The Court on Conventions
Shameless self-promotion for my latest academic article Continue reading
-
Arguing against Originalism Badly
Noura Karazivan’s flawed argument against using originalism to understand constitutional structure Continue reading
-
Justice in Masks
(Some) French judges want their names removed from the decisions they make Continue reading
-
Maneant Scripta
The Supreme Court protects its sources from “link rot” Continue reading
-
Why Bother about the Charter?
The Supreme Court divides on whether one might claim Charter damages against an administrative tribunal Continue reading
-
Quisque?
Would term limits for Chief Justices be a good idea? Continue reading
-
The Real Problem of Judicial Arrogance
What judicial arrogance is, and is not Alice Woolley has published a much discussed post over at Slaw, describing and decrying what she regards as “the problem of judicial arrogance”, and also the way in which lawyers and, presumably, legal academics enable this arrogance. Having been quite critical of the ways in which judges regard and… Continue reading
-
A Judge Unbound
The Prime Minister has at last named his choice to fill the vacancy left on the Supreme Court by the retirement of Justice Thomas Cromwell. It is Justice Malcolm Rowe, now at the Newfoundland and Labrador Court of Appeal. For all the concern ― of the Prime Minister’s and his government’s own making ― about whether… Continue reading
-
Unconstitutional
Thoughts on the constitutionality of the new Supreme Court appointments process In my last post, I argued that the process for appointing Supreme Court judges announced by the federal government last week is not a positive development. It will neither increase the transparency of the appointments nor de-politicize them, while creating an illusion of having done… Continue reading
-
Smoke and Mirrors
The new process for appointing judges to the Supreme Court is nothing to be happy about Last week, the Prime Minister announced a new(-ish) appointments process for judges of the Supreme Court of Canada. The announcement was met with praise by many, and criticism by some. For my part, I am with the critics. Far from being a… Continue reading
Double Aspect 